1.1                          A bill for an act 
  1.2             relating to occupations and professions; board of 
  1.3             psychology; modifying board duties; changing types of 
  1.4             licensure; changing licensure provisions; providing 
  1.5             for discipline; providing penalties; amending 
  1.6             Minnesota Statutes 1994, sections 148.88; 148.881; 
  1.7             148.89, subdivisions 2a, 5, and by adding a 
  1.8             subdivision; 148.90, subdivisions 1 and 2; 148.905, 
  1.9             subdivision 1; 148.911; 148.925; 148.941, subdivisions 
  1.10            2, 4, and by adding subdivisions; 148.96; 148.975; 
  1.11            148.98; 253B.02, subdivision 11; Minnesota Statutes 
  1.12            1995 Supplement, section 147.09; proposing coding for 
  1.13            new law in Minnesota Statutes, chapter 148; repealing 
  1.14            Minnesota Statutes 1994, sections 148.89, subdivisions 
  1.15            6, 7, and 8; 148.91; 148.93; 148.951; and 148.97; 
  1.16            Minnesota Statutes 1995 Supplement, section 148.921. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.19  147.09, is amended to read: 
  1.20     147.09 [EXEMPTIONS.] 
  1.21     Section 147.081 does not apply to, control, prevent or 
  1.22  restrict the practice, service, or activities of:  
  1.23     (1) A person who is a commissioned medical officer of, a 
  1.24  member of, or employed by, the armed forces of the United 
  1.25  States, the United States Public Health Service, the Veterans 
  1.26  Administration, any federal institution or any federal agency 
  1.27  while engaged in the performance of official duties within this 
  1.28  state, if the person is licensed elsewhere.  
  1.29     (2) A licensed physician from a state or country who is in 
  1.30  actual consultation here.  
  1.31     (3) A licensed or registered physician who treats the 
  2.1   physician's home state patients or other participating patients 
  2.2   while the physicians and those patients are participating 
  2.3   together in outdoor recreation in this state as defined by 
  2.4   section 86A.03, subdivision 3.  A physician shall first register 
  2.5   with the board on a form developed by the board for that 
  2.6   purpose.  The board shall not be required to promulgate the 
  2.7   contents of that form by rule.  No fee shall be charged for this 
  2.8   registration.  
  2.9      (4) A student practicing under the direct supervision of a 
  2.10  preceptor while the student is enrolled in and regularly 
  2.11  attending a recognized medical school.  
  2.12     (5) A student who is in continuing training and performing 
  2.13  the duties of an intern or resident or engaged in postgraduate 
  2.14  work considered by the board to be the equivalent of an 
  2.15  internship or residency in any hospital or institution approved 
  2.16  for training by the board, provided the student has a residency 
  2.17  permit issued by the board under section 147.0391. 
  2.18     (6) A person employed in a scientific, sanitary, or 
  2.19  teaching capacity by the state university, the department of 
  2.20  children, families, and learning, or by any public or private 
  2.21  school, college, or other bona fide educational institution, or 
  2.22  the state department of health, whose duties are entirely of a 
  2.23  public health or educational character, while engaged in such 
  2.24  duties. 
  2.25     (7) Physician's assistants registered in this state.  
  2.26     (8) A doctor of osteopathy duly licensed by the state board 
  2.27  of osteopathy under Minnesota Statutes 1961, sections 148.11 to 
  2.28  148.16, prior to May 1, 1963, who has not been granted a license 
  2.29  to practice medicine in accordance with this chapter provided 
  2.30  that the doctor confines activities within the scope of the 
  2.31  license. 
  2.32     (9) Any person licensed by a health related licensing 
  2.33  board, as defined in section 214.01, subdivision 2, or 
  2.34  registered by the commissioner of health pursuant to section 
  2.35  214.13, including psychological practitioners with respect to 
  2.36  the use of hypnosis; provided that the person confines 
  3.1   activities within the scope of the license.  
  3.2      (10) A person who practices ritual circumcision pursuant to 
  3.3   the requirements or tenets of any established religion. 
  3.4      (11) A Christian Scientist or other person who endeavors to 
  3.5   prevent or cure disease or suffering exclusively by mental or 
  3.6   spiritual means or by prayer. 
  3.7      (12) A physician licensed to practice medicine in another 
  3.8   state who is in this state for the sole purpose of providing 
  3.9   medical services at a competitive athletic event.  The physician 
  3.10  may practice medicine only on participants in the athletic 
  3.11  event.  A physician shall first register with the board on a 
  3.12  form developed by the board for that purpose.  The board shall 
  3.13  not be required to adopt the contents of the form by rule.  The 
  3.14  physician shall provide evidence satisfactory to the board of a 
  3.15  current unrestricted license in another state.  The board shall 
  3.16  charge a fee of $50 for the registration.  
  3.17     (13) A psychologist licensed under section 148.91 148.907 
  3.18  or a social worker licensed under section 148B.21 who uses or 
  3.19  supervises the use of a penile or vaginal plethysmograph in 
  3.20  assessing and treating individuals suspected of engaging in 
  3.21  aberrant sexual behavior and sex offenders. 
  3.22     Sec. 2.  Minnesota Statutes 1994, section 148.88, is 
  3.23  amended to read: 
  3.24     148.88 [CITATION.] 
  3.25     Sections 148.88 to 148.98 and the rules adopted under them, 
  3.26  shall be cited as the Minnesota licensing law for 
  3.27  psychologists psychology practice act. 
  3.28     Sec. 3.  Minnesota Statutes 1994, section 148.881, is 
  3.29  amended to read: 
  3.30     148.881 [DECLARATION OF POLICY.] 
  3.31     The practice of psychology in Minnesota affects the public 
  3.32  health, safety, and welfare.  The regulations in sections 148.88 
  3.33  to 148.98 protect the public from the practice of psychology by 
  3.34  unqualified persons and from unethical or unprofessional conduct 
  3.35  by persons licensed to practice psychology. 
  3.36     Sec. 4.  Minnesota Statutes 1994, section 148.89, 
  4.1   subdivision 2a, is amended to read: 
  4.2      Subd. 2a.  [CLIENT.] "Client" means a each person or legal, 
  4.3   religious, academic, organizational, business, governmental, or 
  4.4   other entity that receives, received, or should have received, 
  4.5   or arranged for another entity to receive services from a person 
  4.6   regulated under sections 148.88 to 148.98.  For the purposes of 
  4.7   sections 148.88 to 148.98, "client" includes may include patient 
  4.8   and, resident, counselee, evaluatee, and, as limited in the 
  4.9   rules of conduct, student, supervisee, or research subject.  In 
  4.10  the case of dual clients, the psychologist must be aware of the 
  4.11  responsibilities to each client, and of the potential for 
  4.12  divergent interests of each client. 
  4.13     Sec. 5.  Minnesota Statutes 1994, section 148.89, 
  4.14  subdivision 5, is amended to read: 
  4.15     Subd. 5.  [PRACTICE OF PSYCHOLOGY.] "Practice of 
  4.16  psychology" means the observation, description, evaluation, 
  4.17  interpretation, and modification of human behavior by the 
  4.18  application of psychological principles, methods, and 
  4.19  procedures, to prevent or eliminate symptomatic, maladaptive, or 
  4.20  undesired behavior and to enhance interpersonal relationships, 
  4.21  work and life adjustment, personal and organizational 
  4.22  effectiveness, behavioral health, and mental health.  The 
  4.23  practice of psychology includes, but is not limited to, the 
  4.24  following services, regardless of whether the provider receives 
  4.25  payment for the services: 
  4.26     (1) psychological research, psychological testing, teaching 
  4.27  of psychology, and the evaluation or assessment of personal 
  4.28  characteristics such as intelligence, personality, abilities, 
  4.29  interests, aptitudes, and neuropsychological functioning; 
  4.30     (2) counseling, psychoanalysis, psychotherapy, hypnosis, 
  4.31  biofeedback, and diagnosis and treatment of:  
  4.32     (i) mental and emotional disorder or disability; 
  4.33     (ii) alcoholism and substance abuse; 
  4.34     (iii) disorders of habit or conduct; and 
  4.35     (iv) the psychological aspects of physical illness or 
  4.36  condition, accident, injury, or disability; and 
  5.1      (v) bereavement issues; 
  5.2      (vi) family or relationship issues; and 
  5.3      (vii) work-related issues; and 
  5.4      (3) psychoeducational evaluation, therapy, remediation, and 
  5.5   consultation.  Recipients of psychological services include 
  5.6   individuals, families, groups, organizations, and the public.  
  5.7      Sec. 6.  Minnesota Statutes 1994, section 148.89, is 
  5.8   amended by adding a subdivision to read: 
  5.9      Subd. 6a.  [SENIOR PRACTITIONER.] "Senior practitioner" 
  5.10  means a person who: 
  5.11     (1) has been issued a license, certificate, or registration 
  5.12  at the doctoral level for at least 15 years to practice 
  5.13  psychology in another jurisdiction; and 
  5.14     (2) has had no disciplinary action taken against the 
  5.15  license, certificate, or registration during the person's entire 
  5.16  period of licensure, certification, or registration. 
  5.17     Sec. 7.  Minnesota Statutes 1994, section 148.90, 
  5.18  subdivision 1, is amended to read: 
  5.19     Subdivision 1.  [BOARD OF PSYCHOLOGY.] (a) The board of 
  5.20  psychology is created with the powers and duties described in 
  5.21  this section.  The board has 11 members who consist of: 
  5.22     (1) three persons licensed as licensed psychologists who 
  5.23  have a doctoral degree in psychology; 
  5.24     (2) two persons licensed as licensed psychologists who have 
  5.25  a master's degree in psychology; 
  5.26     (3) two psychologists, not necessarily licensed, one with a 
  5.27  doctoral degree in psychology who represents a doctoral training 
  5.28  program in psychology, and one who represents a master's degree 
  5.29  training program in psychology; 
  5.30     (4) one person licensed or qualified to be licensed as a 
  5.31  psychological practitioner; and 
  5.32     (5) three public members. 
  5.33     (b) After the date on which fewer than 30 percent of the 
  5.34  persons licensed by the board as licensed psychologists qualify 
  5.35  for licensure under section 148.921, subdivision 2 148.907, 
  5.36  subdivision 3, paragraph (b), the first vacancy filled under 
  6.1   paragraph (a), clause (2), must shall be filled by a person 
  6.2   licensed or qualified to be licensed as a licensed psychological 
  6.3   practitioner.  From this date on, this position when vacant must 
  6.4   shall be filled by a person licensed or qualified to be licensed 
  6.5   as a licensed psychological practitioner. 
  6.6      (c) After the date on which fewer than 15 percent of the 
  6.7   persons licensed by the board as licensed psychologists qualify 
  6.8   for licensure under section 148.921, subdivision 2 148.907, 
  6.9   subdivision 3, paragraph (b), the first vacancy under paragraph 
  6.10  (a), clause (2), for a person licensed as a licensed 
  6.11  psychologist with a master's degree in psychology must shall be 
  6.12  filled by a person licensed as a licensed psychologist who has a 
  6.13  doctoral degree in psychology.  From this date on, this position 
  6.14  when vacant must shall be filled by a person licensed as a 
  6.15  licensed psychologist who has a doctoral degree in psychology. 
  6.16     (d) Following the filling of the first vacancy under 
  6.17  paragraph (c), no further appointments shall be made pursuant to 
  6.18  paragraph (a), clause (2). 
  6.19     Sec. 8.  Minnesota Statutes 1994, section 148.90, 
  6.20  subdivision 2, is amended to read: 
  6.21     Subd. 2.  [MEMBERS.] (a) The members of the board shall: 
  6.22     (1) be appointed by the governor; 
  6.23     (2) be residents of the state; 
  6.24     (3) serve for not more than two consecutive terms; 
  6.25     (4) designate the officers of the board; and 
  6.26     (5) administer oaths pertaining to the business of the 
  6.27  board. 
  6.28     (b) A public member of the board shall broadly represent 
  6.29  the public interest and shall not: 
  6.30     (1) be a psychologist, psychological practitioner, or 
  6.31  engage have engaged in the practice of psychology before 
  6.32  retirement; 
  6.33     (2) be an applicant or former applicant for licensure; 
  6.34     (3) be a member of another health profession; 
  6.35     (4) be a member of a household that includes a psychologist 
  6.36  or psychological practitioner; or 
  7.1      (5) have conflicts of interest or the appearance of 
  7.2   conflicts with duties as a board member. 
  7.3      Sec. 9.  Minnesota Statutes 1994, section 148.905, 
  7.4   subdivision 1, is amended to read: 
  7.5      Subdivision 1.  [GENERAL.] The board shall: 
  7.6      (1) adopt and enforce rules for licensing psychologists and 
  7.7   psychological practitioners and for regulating their 
  7.8   professional conduct.  The rules must include, but are not 
  7.9   limited to, standards for training, supervision, the practice of 
  7.10  psychology, and any other areas covered by sections 148.88 to 
  7.11  148.98; 
  7.12     (2) adopt rules that provide for examinations and establish 
  7.13  a code of professional ethics and requirements for continuing 
  7.14  education and enforce rules of conduct governing the practice of 
  7.15  psychology; 
  7.16     (3) hold examinations adopt and implement rules for 
  7.17  examinations which shall be held at least once a year to assess 
  7.18  applicants' knowledge and skills.  The examinations may be 
  7.19  written or oral or both, and may be administered by the board or 
  7.20  by institutions or individuals designated by the board; 
  7.21     (4) issue licenses to individuals qualified under section 
  7.22  148.91 sections 148.907 and 148.908, according to the procedures 
  7.23  for licensing in Minnesota Rules; 
  7.24     (5) issue copies of the rules for licensing to all 
  7.25  applicants; 
  7.26     (6) establish and maintain annually a register of current 
  7.27  licenses; 
  7.28     (7) establish reasonable and collect fees for the issuance 
  7.29  and renewal of licenses and other services by the board.  
  7.30  Fees must shall be set to defray the cost of administering the 
  7.31  provisions of sections 148.88 to 148.98 including costs for 
  7.32  applications, examinations, enforcement, materials, and the cost 
  7.33  of maintaining the operations of the board; 
  7.34     (8) educate the public about the requirements for licensing 
  7.35  of psychologists and of psychological practitioners and about 
  7.36  the code of professional ethics rules of conduct, to allow 
  8.1   consumers enable the public to file complaints against 
  8.2   applicants or licensees who may have violated licensing 
  8.3   requirements or professional ethics the psychology practice act; 
  8.4   and 
  8.5      (9) adopt and implement requirements for continuing 
  8.6   education and establish or approve programs that qualify for 
  8.7   professional psychology continuing educational credit.  The 
  8.8   board may hire consultants, agencies, or professional 
  8.9   psychological associations to establish and approve continuing 
  8.10  education courses. 
  8.11     Sec. 10.  [148.906] [LEVELS OF PRACTICE.] 
  8.12     The board may grant licenses for levels of psychological 
  8.13  practice to be known as (1) licensed psychologist and (2) 
  8.14  licensed psychological practitioner. 
  8.15     Sec. 11.  [148.907] [LICENSED PSYCHOLOGIST.] 
  8.16     Subdivision 1.  [EFFECTIVE DATE.] After August 1, 1991, no 
  8.17  person shall engage in the independent practice of psychology 
  8.18  unless that person is licensed as a licensed psychologist. 
  8.19     Subd. 2.  [REQUIREMENTS FOR LICENSURE AS A LICENSED 
  8.20  PSYCHOLOGIST.] To become licensed by the board as a licensed 
  8.21  psychologist, an applicant shall comply with the following 
  8.22  requirements: 
  8.23     (1) pass an examination in psychology; 
  8.24     (2) pass a professional responsibility examination on the 
  8.25  practice of psychology; 
  8.26     (3) pass any other examinations as required by board rules; 
  8.27     (4) pay nonrefundable fees to the board for applications, 
  8.28  processing, testing, renewals, and materials; 
  8.29     (5) have attained the age of majority, be of good moral 
  8.30  character, and have no unresolved disciplinary action or 
  8.31  complaints pending in the state of Minnesota or any other 
  8.32  jurisdiction; 
  8.33     (6) have a doctoral degree with a major in psychology from 
  8.34  a regionally accredited educational institution meeting the 
  8.35  standards the board has established by rule; and 
  8.36     (7) have completed at least two full years or the 
  9.1   equivalent of postdoctoral supervised psychological employment. 
  9.2      Subd. 3.  [MASTER'S LEVEL LICENSURE AS A LICENSED 
  9.3   PSYCHOLOGIST AFTER AUGUST 1, 1991.] (a) A person licensed in 
  9.4   this state as a licensed consulting psychologist or a licensed 
  9.5   psychologist before August 1, 1991, qualifies for licensure as a 
  9.6   licensed psychologist, as described in subdivision 2, at the 
  9.7   time of license renewal. 
  9.8      (b) Providing all other licensure requirements have been 
  9.9   satisfactorily met, the board shall grant licensure as a 
  9.10  licensed psychologist to a person who: 
  9.11     (1) before November 1, 1991, entered a graduate program at 
  9.12  a regionally accredited educational institution granting a 
  9.13  master's or doctoral degree with a major in psychology which 
  9.14  meets the standards the board has established by rule; 
  9.15     (2) before December 31, 1997, earned a master's degree or a 
  9.16  master's equivalent in a doctoral program at a regionally 
  9.17  accredited educational institution and complied with 
  9.18  requirements of subdivision 2, clauses (1) to (5), except that 
  9.19  the nonrefundable fees for licensure are payable at the time an 
  9.20  application for licensure is submitted; and 
  9.21     (3) before December 31, 1998, completed at least two full 
  9.22  years or the equivalent of post-master's supervised 
  9.23  psychological employment, which may include a predoctoral 
  9.24  internship. 
  9.25     (c) Notwithstanding paragraph (b), the board shall not 
  9.26  grant licensure as a licensed psychologist under this 
  9.27  subdivision unless the applicant demonstrates that the applicant 
  9.28  was a resident of Minnesota on October 31, 1992, and meets all 
  9.29  the requirements for licensure under this subdivision. 
  9.30     Subd. 4.  [CONVERTING FROM MASTER'S TO DOCTORAL LEVEL 
  9.31  LICENSURE.] To convert from licensure as a licensed psychologist 
  9.32  at the master's or master's equivalent level to licensure at the 
  9.33  doctoral level, a licensed psychologist shall have: 
  9.34     (1) completed an application provided by the board; 
  9.35     (2) had an official transcript documenting the conferral of 
  9.36  the doctoral degree sent directly from the educational 
 10.1   institution to the board; 
 10.2      (3) paid a nonrefundable fee; 
 10.3      (4) successfully completed two full years or the equivalent 
 10.4   of supervised psychological employment, which shall not include 
 10.5   a predoctoral internship, after earning a master's degree or a 
 10.6   master's equivalent in a doctoral program; 
 10.7      (5) successfully completed a predoctoral internship meeting 
 10.8   the standards the board has established by rule; and 
 10.9      (6) received a doctoral degree with a major in psychology 
 10.10  from a regionally accredited educational institution meeting the 
 10.11  standards the board has established by rule. 
 10.12     Sec. 12.  [148.908] [LICENSED PSYCHOLOGICAL PRACTITIONER.] 
 10.13     Subdivision 1.  [SCOPE OF PRACTICE.] A licensed 
 10.14  psychological practitioner shall practice only under supervision 
 10.15  that satisfies the requirements of section 148.925 and while 
 10.16  employed by either a licensed psychologist or a health care or 
 10.17  social service agency which employs or contracts with a 
 10.18  supervising licensed psychologist who shares clinical 
 10.19  responsibility for the care provided by the licensed 
 10.20  psychological practitioner. 
 10.21     Subd. 2.  [REQUIREMENTS FOR LICENSURE AS A LICENSED 
 10.22  PSYCHOLOGICAL PRACTITIONER.] To become licensed by the board as 
 10.23  a licensed psychological practitioner, an applicant shall comply 
 10.24  with the following requirements: 
 10.25     (1) pass an examination in psychology; 
 10.26     (2) pass a professional responsibility examination on the 
 10.27  practice of psychology; 
 10.28     (3) pass any other examinations as required by board rules; 
 10.29     (4) pay nonrefundable fees to the board for applications, 
 10.30  processing, testing, renewals, and materials; 
 10.31     (5) attained the age of majority, be of good moral 
 10.32  character, and have no unresolved disciplinary action or 
 10.33  complaints pending in the state of Minnesota or any other 
 10.34  jurisdiction; and 
 10.35     (6) have received a doctoral or master's degree or the 
 10.36  equivalent of a master's degree in a doctoral program with a 
 11.1   major in psychology from a regionally accredited educational 
 11.2   institution meeting the standards the board has established by 
 11.3   rule. 
 11.4      Sec. 13.  Minnesota Statutes 1994, section 148.911, is 
 11.5   amended to read: 
 11.6      148.911 [CONTINUING EDUCATION.] 
 11.7      When the licensee renews the license, the licensee must 
 11.8   provide the board with satisfactory evidence that the licensee 
 11.9   has completed continuing education requirements established by 
 11.10  the board.  Continuing education programs must be approved under 
 11.11  section 148.905, subdivision 1, clause (9).  The board shall 
 11.12  establish by rule the number of continuing education training 
 11.13  hours required each year and may specify subject or skills areas 
 11.14  that the licensee must address.  In specifying subject or skills 
 11.15  areas, the board shall consider the need for continuing 
 11.16  education requirements in the areas of ethics, forensic 
 11.17  practice, and supervision. 
 11.18     Upon application for license renewal, a licensee shall 
 11.19  provide the board with satisfactory evidence that the licensee 
 11.20  has completed continuing education requirements established by 
 11.21  the board.  Continuing education programs shall be approved 
 11.22  under section 148.905, subdivision 1, clause (9).  The board 
 11.23  shall establish by rule the number of continuing education 
 11.24  training hours required each year and may specify subject or 
 11.25  skills areas that the licensee shall address.  
 11.26     Sec. 14.  [148.915] [RECIPROCITY.] 
 11.27     Subdivision 1.  [GENERALLY.] The board may grant a license 
 11.28  to a diplomate of the American Board of Professional Psychology 
 11.29  or to any person who at the time of application is licensed, 
 11.30  certified, or registered to practice psychology by a board of 
 11.31  another state and who meets the licensure requirements under 
 11.32  section 148.907, subdivision 2.  The board, at its discretion, 
 11.33  may elect not to require the examination in psychology under 
 11.34  section 148.907, subdivision 2, clause (1), if the person was 
 11.35  licensed in another state before the examination was required 
 11.36  for licensure in that state.  An applicant seeking licensure 
 12.1   under this section shall pass a professional responsibility 
 12.2   examination on the practice of psychology and any other 
 12.3   examinations as required by the board. 
 12.4      Subd. 2.  [SENIOR PRACTITIONER.] The board, at its 
 12.5   discretion, may grant a license as a licensed psychologist to a 
 12.6   senior practitioner who has completed less than two years of 
 12.7   postdegree supervised employment.  An applicant seeking 
 12.8   licensure under this section shall pass a professional 
 12.9   responsibility examination and pass any other examinations as 
 12.10  required by the board, pertaining to the practice of psychology. 
 12.11     Sec. 15.  [148.916] [GUEST LICENSURE.] 
 12.12     Subdivision 1.  [GENERALLY.] If a nonresident of the state 
 12.13  of Minnesota, who is not seeking licensure in this state, and 
 12.14  who has been issued a license, certificate, or registration by 
 12.15  another jurisdiction to practice psychology at the doctoral 
 12.16  level, wishes to practice in Minnesota for more than seven 
 12.17  calendar days, the person shall apply to the board for guest 
 12.18  licensure, provided that the psychologist's practice in 
 12.19  Minnesota is limited to no more than 30 days per calendar year.  
 12.20  Application under this section shall be made no less than 30 
 12.21  days prior to the expected date of practice in Minnesota and 
 12.22  shall be subject to approval by the board or its designee.  The 
 12.23  board shall charge a nonrefundable fee for guest licensure.  The 
 12.24  board shall adopt rules to implement this section. 
 12.25     Subd. 2.  [PSYCHOLOGICAL CONSULTATIONS.] Notwithstanding 
 12.26  subdivision 1, a nonresident of the state of Minnesota, who is 
 12.27  not seeking licensure in this state, may serve as an expert 
 12.28  witness, presenter, or educator without obtaining guest 
 12.29  licensure, provided the person is appropriately trained, 
 12.30  educated, or has been issued a license, certificate, or 
 12.31  registration by another jurisdiction. 
 12.32     Subd. 3.  [DISASTER OR EMERGENCY RELIEF WORKERS.] The 
 12.33  requirements of subdivision 1 do not apply to psychologists sent 
 12.34  to this state for the sole purpose of responding to a disaster 
 12.35  or emergency relief effort of this state government, the federal 
 12.36  government, the American Red Cross, or other disaster or 
 13.1   emergency relief organization as long as the psychologist is not 
 13.2   practicing in Minnesota for longer than 30 days and the American 
 13.3   Red Cross, disaster or emergency relief organization, or 
 13.4   government can certify the psychologist's assignment in this 
 13.5   state.  The board or its designee, at its discretion, may grant 
 13.6   an extension to the 30-day time limitation of this subdivision. 
 13.7      Subd. 4.  [PROHIBITIONS AND SANCTIONS.] A person's 
 13.8   privilege to practice under this section is subject to the 
 13.9   prohibitions and sanctions for unprofessional or unethical 
 13.10  conduct contained in Minnesota laws and rules. 
 13.11     Sec. 16.  Minnesota Statutes 1994, section 148.925, is 
 13.12  amended to read: 
 13.13     148.925 [SUPERVISION.] 
 13.14     Subdivision 1.  [SUPERVISION.] For the purpose of meeting 
 13.15  the requirements of this section, supervision means documented 
 13.16  in-person consultation between either:  (1) a supervising 
 13.17  licensed psychologist and a licensed psychological practitioner; 
 13.18  or (2) a supervising licensed psychologist or a mental health 
 13.19  professional designated by the supervising licensed psychologist 
 13.20  and an applicant for licensure as a licensed psychologist.  The 
 13.21  supervision shall be adequate to assure the quality and 
 13.22  competence of the activities supervised.  Supervisory 
 13.23  consultation shall include discussions on the nature and content 
 13.24  of the practice of the supervisee, including, but not limited 
 13.25  to, a review of a representative sample of psychological 
 13.26  services in the supervisee's practice.  
 13.27     Subd. 2.  [SUPERVISED PSYCHOLOGICAL EMPLOYMENT.] Supervised 
 13.28  psychological employment means paid or volunteer work experience 
 13.29  and postdegree training of a person seeking to be licensed as a 
 13.30  licensed psychologist that involves the professional oversight 
 13.31  by a licensed psychologist and satisfies the supervision 
 13.32  requirements in subdivision 5. 
 13.33     Subd. 3.  [PERSONS QUALIFIED TO PROVIDE SUPERVISION.] 
 13.34  (a) Only the following persons are qualified to provide 
 13.35  supervision for master's degree level applicants for licensure 
 13.36  as a licensed psychologist Supervision of a master's level 
 14.1   applicant for licensure as a licensed psychologist shall be 
 14.2   provided by a person: 
 14.3      (1) who is a licensed psychologist with a 
 14.4   competency competencies both in supervision in professional the 
 14.5   practice of psychology and in the area of practice activities 
 14.6   being supervised; and 
 14.7      (2) a person who either is eligible for licensure as a 
 14.8   licensed psychologist under section 148.91 or is eligible for 
 14.9   licensure by reciprocity, and who, in the judgment of the board, 
 14.10  is competent or experienced in supervising professional 
 14.11  psychology and in the area of practice being supervised. who has 
 14.12  a doctoral degree with a major in psychology, who is employed by 
 14.13  a regionally accredited educational institution or employed by a 
 14.14  federal, state, county, or local government institution, agency, 
 14.15  or research facility, and who has competencies both in 
 14.16  supervision in the practice of psychology and in the activities 
 14.17  being supervised, provided the supervision is being provided and 
 14.18  the activities being supervised occur within that regionally 
 14.19  accredited educational institution or federal, state, county, or 
 14.20  local government institution, agency, or research facility; or 
 14.21     (3) who is eligible for licensure as a licensed 
 14.22  psychologist by reciprocity with competencies both in 
 14.23  supervision in the practice of psychology and in the activities 
 14.24  being supervised.  
 14.25     (b) Professional Supervision of a doctoral level applicant 
 14.26  for licensure as a licensed psychologist must shall be provided 
 14.27  by a person: 
 14.28     (1) who meets the requirements of paragraph (a), clause (1) 
 14.29  or (2), and is a licensed psychologist with a doctoral degree 
 14.30  and with competencies both in supervision in the practice of 
 14.31  psychology and in the activities being supervised; 
 14.32     (2)(i) who has a doctorate degree with a major in 
 14.33  psychology, or 
 14.34     (ii) who has a doctoral degree with a major in psychology, 
 14.35  who is employed by a regionally accredited educational 
 14.36  institution or is employed by a federal, state, county, or local 
 15.1   government institution, agency, or research facility, and who 
 15.2   has competencies both in supervision in the practice of 
 15.3   psychology and in the activities being supervised, provided the 
 15.4   supervision is being provided and the activities being 
 15.5   supervised occur within that regionally accredited educational 
 15.6   institution or federal, state, county, or local government 
 15.7   institution, agency, or research facility; 
 15.8      (3) who is eligible for licensure by reciprocity with 
 15.9   competencies both in supervision in the practice of psychology 
 15.10  and in the activities being supervised; or 
 15.11     (4) who is a licensed psychologist who was licensed by the 
 15.12  board as a psychologist before August 1, 1991, and is certified 
 15.13  by the board as competent in with competencies both in 
 15.14  supervision of applicants for licensure in the practice of 
 15.15  psychology and in the activities being supervised. 
 15.16     Subd. 2. 4.  [SUPERVISORY CONSULTATION FOR A LICENSED 
 15.17  PSYCHOLOGICAL PRACTITIONER.] (a) Supervisory consultation 
 15.18  between a supervising licensed psychologist and a 
 15.19  supervised licensed psychological practitioner must shall be at 
 15.20  least one hour in duration and shall occur on a one-to-one an 
 15.21  individual, in-person basis at a ratio of at least.  A minimum 
 15.22  of one hour of supervision per month is required for the initial 
 15.23  20 or fewer hours of psychological services delivered per 
 15.24  month and no less than one hour a month.  The consultation must 
 15.25  be at least one hour in duration.  For each additional 20 hours 
 15.26  of psychological services delivered per month, an additional 
 15.27  hour of supervision must occur per month is required.  However, 
 15.28  if When more than 20 hours of psychological services are 
 15.29  provided in a week, no time period more than one hour of 
 15.30  supervision beyond one hour is required per week is required, 
 15.31  but supervision must be adequate to assure the quality and 
 15.32  competence of the services.  Supervisory consultation must 
 15.33  include discussions on the nature and content of the practice of 
 15.34  the psychological practitioner, including but not limited to a 
 15.35  review of a representative sample of psychological services in 
 15.36  the supervisee's practice. 
 16.1      (b) Subd. 5.  [SUPERVISORY CONSULTATION FOR AN APPLICANT 
 16.2   FOR LICENSURE AS A LICENSED PSYCHOLOGIST.] Supervision of an 
 16.3   applicant for licensure as a licensed psychologist must shall 
 16.4   include at least two hours of regularly scheduled face-to-face 
 16.5   in-person consultations a per week for full-time employment, one 
 16.6   hour of which must shall be with the supervisor on a one-to-one 
 16.7   an individual basis.  The remaining hour may be with other 
 16.8   master's or doctoral prepared mental health professionals 
 16.9   designated by the supervisor.  The board may approve an 
 16.10  exception to the weekly supervision requirement for a week when 
 16.11  the supervisor was ill or otherwise unable to provide 
 16.12  supervision.  The board may prorate the two hours per week of 
 16.13  supervision for persons preparing for licensure on a part-time 
 16.14  basis.  Supervised psychological employment does not qualify for 
 16.15  licensure when the supervisory consultation is not adequate as 
 16.16  described in subdivision 1, or in the board rules. 
 16.17     Subd. 6.  [SUPERVISEE DUTIES.] Persons preparing for 
 16.18  licensure as a licensed psychologist during their postdegree 
 16.19  supervised employment may perform as part of their training any 
 16.20  functions specified in section 148.89, but only under qualified 
 16.21  supervision. 
 16.22     Subd. 3. 7.  [WAIVER OF SUPERVISION REQUIREMENTS.] (a) An 
 16.23  applicant for licensure as a licensed psychologist who entered 
 16.24  supervised employment before August 1, 1991, may request a 
 16.25  waiver from the board of the supervision requirements in this 
 16.26  section in order to continue supervision under the board rules 
 16.27  in effect before August 1, 1991. 
 16.28     (b) The board shall grant a waiver from the supervision 
 16.29  requirements of subdivision 4 to a licensed psychological 
 16.30  practitioner who presents evidence of: 
 16.31     (1) completion of two full years or the equivalent of 
 16.32  supervised post-master's degree employment, meeting the 
 16.33  requirements of subdivision 5 as it relates to preparation for 
 16.34  licensure as a licensed psychologist; 
 16.35     (2) endorsement for specific areas of competency by the 
 16.36  licensed psychologist who provided the two years of supervision; 
 17.1      (3) employment by a hospital or by a community mental 
 17.2   health center or nonprofit mental health clinic or social 
 17.3   service agency providing services as a part of the mental health 
 17.4   service plan required by the comprehensive mental health act; 
 17.5      (4) the employer's acceptance of clinical responsibility 
 17.6   for the care provided by the licensed psychological 
 17.7   practitioner; and 
 17.8      (5) a plan which is satisfactory to the board for 
 17.9   supervising the work of the licensed psychological practitioner. 
 17.10     (c) After December 31, 1993, the supervision requirements 
 17.11  must be deemed waived for a person who previously received a 
 17.12  waiver under paragraph (b) and is seeking a new waiver because 
 17.13  of a change of employment to a different employer or employment 
 17.14  setting.  The deemed waiver continues until the board either 
 17.15  grants or denies the waiver.  A person who has been denied a 
 17.16  waiver is entitled to appeal the decision using a contested case 
 17.17  hearing.  The person must request a hearing within 30 days after 
 17.18  receiving notice from the board that the request for a waiver 
 17.19  has been denied.  A deemed waiver under this paragraph continues 
 17.20  until the appeal has been resolved. 
 17.21     Sec. 17.  Minnesota Statutes 1994, section 148.941, 
 17.22  subdivision 2, is amended to read: 
 17.23     Subd. 2.  [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 
 17.24  DISCIPLINARY ACTION.] (a) The board may impose disciplinary 
 17.25  action as described in paragraph (b) against an applicant or 
 17.26  licensee whom the board, by a preponderance of the evidence, 
 17.27  determines:  
 17.28     (1) has violated a statute, rule, or order that the board 
 17.29  issued or is empowered to enforce; 
 17.30     (2) has engaged in fraudulent, deceptive, or dishonest 
 17.31  conduct, whether or not the conduct relates to the practice of 
 17.32  psychology, that adversely affects the person's ability or 
 17.33  fitness to practice psychology; 
 17.34     (3) has engaged in unprofessional conduct or any other 
 17.35  conduct which has the potential for causing harm to the public, 
 17.36  including any departure from or failure to conform to the 
 18.1   minimum standards of acceptable and prevailing practice without 
 18.2   actual injury having to be established; 
 18.3      (4) has been convicted of or has pled guilty or nolo 
 18.4   contendere to a felony or other crime, an element of which is 
 18.5   dishonesty or fraud, or has been shown to have engaged in acts 
 18.6   or practices tending to show that the applicant or licensee is 
 18.7   incompetent or has engaged in conduct reflecting adversely on 
 18.8   the applicant's or licensee's ability or fitness to engage in 
 18.9   the practice of psychology; 
 18.10     (5) has employed fraud or deception in obtaining or 
 18.11  renewing a license, or in passing the an examination; 
 18.12     (6) has had a psychology license, certificate, right 
 18.13  registration, privilege to examine take an examination, or other 
 18.14  similar authority denied, revoked, suspended, canceled, limited, 
 18.15  or not renewed for cause in any state, commonwealth, or 
 18.16  territory of the United States, the District of Columbia, or any 
 18.17  foreign country jurisdiction; 
 18.18     (7) has failed to meet any requirement for the issuance or 
 18.19  renewal of the person's license.  The burden of proof is on the 
 18.20  applicant or licensee to demonstrate the qualifications or 
 18.21  satisfy the requirements for a license under the psychology 
 18.22  practice act; 
 18.23     (8) has failed to cooperate with an investigation of the 
 18.24  board as required under subdivision 4; or 
 18.25     (9) has violated the code of ethics adopted by the board.  
 18.26  For the purposes of clause (7), the burden of proof is on the 
 18.27  applicant to demonstrate the qualifications or satisfy the 
 18.28  requirements for a license under sections 148.88 to 148.98. 
 18.29     has demonstrated an inability to practice psychology with 
 18.30  reasonable skill and safety to clients due to any mental or 
 18.31  physical illness or condition; or 
 18.32     (10) has engaged in fee splitting.  This clause does not 
 18.33  apply to the distribution of revenues from a partnership, group 
 18.34  practice, nonprofit corporation, or professional corporation to 
 18.35  its partners, shareholders, members, or employees if the 
 18.36  revenues consist only of fees for services performed by the 
 19.1   licensee or under a licensee's administrative authority.  Fee 
 19.2   splitting includes, but is not limited to: 
 19.3      (i) paying, offering to pay, receiving, or agreeing to 
 19.4   receive a commission, rebate, or remuneration, directly or 
 19.5   indirectly, primarily for the referral of clients; 
 19.6      (ii) dividing fees with another person or a professional 
 19.7   corporation, unless the division is in proportion to the 
 19.8   services provided and the responsibility assumed by each 
 19.9   professional; 
 19.10     (iii) referring a client to any health care provider as 
 19.11  defined in section 144.335 in which the referring licensee has a 
 19.12  significant financial interest unless the licensee has disclosed 
 19.13  in advance to the client the licensee's own financial interest; 
 19.14  and 
 19.15     (iv) dispensing for profit any instrument, test, procedure, 
 19.16  or device, unless the licensee has disclosed in advance to the 
 19.17  client the licensee's own profit interest.  
 19.18     (b) If grounds for disciplinary action exist under 
 19.19  paragraph (a), the board may take one or more of the following 
 19.20  actions: 
 19.21     (1) refuse to grant or renew a license; 
 19.22     (2) revoke a license; 
 19.23     (3) suspend a license; 
 19.24     (4) impose limitations or conditions on a licensee's 
 19.25  practice of psychology, including, but not limited to, limiting 
 19.26  the scope of practice to designated competencies, imposing 
 19.27  retraining or rehabilitation requirements, requiring the 
 19.28  licensee to practice under supervision, or conditioning 
 19.29  continued practice on the demonstration of knowledge or skill by 
 19.30  appropriate examination or other review of skill and competence; 
 19.31     (5) censure or reprimand the licensee; or 
 19.32     (6) refuse to permit an applicant to take the licensure 
 19.33  examination or refuse to release an applicant's examination 
 19.34  grade if the board finds that it is in the public interest.; or 
 19.35     (7) impose a disciplinary fee not exceeding $10,000 for 
 19.36  each separate violation.  The amount of the disciplinary fee 
 20.1   shall be fixed so as (i) to deprive the applicant or licensee of 
 20.2   any economic advantage gained by reason of the violation charged 
 20.3   and (ii) to reimburse the board for the cost of the 
 20.4   investigation and proceeding, including but not limited to, the 
 20.5   costs of legal and investigative services provided by the office 
 20.6   of the attorney general and the costs of legal services provided 
 20.7   by the office of administrative hearings. 
 20.8      (c) In lieu of or in addition to paragraph (b), the board 
 20.9   may require, as a condition of continued licensure, termination 
 20.10  of suspension, reinstatement of license, examination, or release 
 20.11  of examination grades, that the applicant or licensee: 
 20.12     (1) submit to a quality review, as specified by the board, 
 20.13  of the applicant's or licensee's ability, skills, or quality of 
 20.14  work; and 
 20.15     (2) complete to the satisfaction of the board educational 
 20.16  courses specified by the board. 
 20.17     (d) Service of the order is effective if the order is 
 20.18  served on the applicant, licensee, or counsel of record 
 20.19  personally or by mail to the most recent address provided to the 
 20.20  board for the licensee, applicant, or counsel of record.  The 
 20.21  order shall state the reasons for the entry of the order. 
 20.22     Sec. 18.  Minnesota Statutes 1994, section 148.941, 
 20.23  subdivision 4, is amended to read: 
 20.24     Subd. 4.  [COOPERATION OF APPLICANT APPLICANTS OR LICENSEE 
 20.25  FOR LICENSEES WITH INVESTIGATIONS.] (a) An applicant or licensee 
 20.26  of the board who is the subject of an investigation or who is 
 20.27  questioned in connection with an investigation by or on behalf 
 20.28  of the board shall cooperate fully with the investigation.  
 20.29  Cooperation includes responding fully and promptly to any 
 20.30  question raised by or on behalf of the board relating to the 
 20.31  subject of the investigation, executing all releases requested 
 20.32  by the board, providing copies of client records, as reasonably 
 20.33  requested by the board to assist it in its investigation, and 
 20.34  appearing at conferences or hearings scheduled by the board or 
 20.35  its staff.  The board shall pay reasonable costs for copies 
 20.36  requested. 
 21.1      (b) If the board does not have a written consent from a 
 21.2   client permitting access to the client's records, the licensee 
 21.3   may delete any data in the record which identifies identify the 
 21.4   client before providing it to the board.  The board shall 
 21.5   maintain any records obtained pursuant to this section as 
 21.6   investigative data pursuant to chapter 13. 
 21.7      Sec. 19.  Minnesota Statutes 1994, section 148.941, is 
 21.8   amended by adding a subdivision to read: 
 21.9      Subd. 5.  [EVIDENCE OF PAST SEXUAL CONDUCT.] In a 
 21.10  proceeding for the suspension or revocation of a license or 
 21.11  other disciplinary action for unethical or unprofessional 
 21.12  conduct involving sexual contact with a client or former client, 
 21.13  the board or administrative law judge shall not consider 
 21.14  evidence of the client's previous sexual conduct nor shall any 
 21.15  reference to this conduct be made during the proceedings or in 
 21.16  the findings, except by motion of the client, unless the 
 21.17  evidence would be admissible under applicable provisions of 
 21.18  section 609.347, subdivision 3. 
 21.19     Sec. 20.  Minnesota Statutes 1994, section 148.941, is 
 21.20  amended by adding a subdivision to read: 
 21.21     Subd. 6.  [VIOLATION.] Persons who engage in the unlicensed 
 21.22  practice of psychology or who misrepresent themselves as 
 21.23  psychologists or psychological practitioners are guilty of a 
 21.24  misdemeanor. 
 21.25     Sec. 21.  Minnesota Statutes 1994, section 148.96, is 
 21.26  amended to read: 
 21.27     148.96 [PRESENTATION TO PUBLIC.] 
 21.28     Subdivision 1.  [REQUIREMENTS FOR ADVERTISING PROFESSIONAL 
 21.29  IDENTIFICATION.] All psychologists and psychological 
 21.30  practitioners licensees, when representing themselves to the 
 21.31  public through in activities relating to the practice of 
 21.32  psychology, including in written materials or advertising, must 
 21.33  use their shall identify the academic degree upon which their 
 21.34  licensure is based, as well as their license status in the 
 21.35  advertising or written materials level of licensure. 
 21.36     Subd. 2.  [DISCLOSURE OF EDUCATION.] At the initial 
 22.1   meeting, a psychologist licensee shall display or make available 
 22.2   to each new client accurate information about the qualifications 
 22.3   and competencies of the psychologist licensee, in accordance 
 22.4   with regulations of the board. 
 22.5      Subd. 3.  [REQUIREMENTS FOR REPRESENTATIONS TO THE PUBLIC.] 
 22.6   Individuals (a) Unless licensed under sections 148.88 to 148.98, 
 22.7   except as provided in paragraphs (b) through (d), persons shall 
 22.8   not present themselves or permit themselves to be presented to 
 22.9   the public as psychologists by: 
 22.10     (1) using any title or description of services 
 22.11  incorporating the words "psychology," "psychological," or 
 22.12  "psychologist;" or 
 22.13     (2) representing that the person has expert qualifications 
 22.14  in an area of psychology unless they are licensed under sections 
 22.15  148.88 to 148.98, except as provided in paragraphs (a) to (c). 
 22.16     (a) (b) Psychologically trained individuals who are 
 22.17  employed by an educational institution recognized by a regional 
 22.18  accrediting organization, by a federal, state, county, or local 
 22.19  government institution, agencies, or research facilities, may 
 22.20  represent themselves by the title designated by that 
 22.21  organization. 
 22.22     (b) (c) A psychologically trained individual from an 
 22.23  institution described in paragraph (a) (b) may offer lecture 
 22.24  services and be is exempt from the provisions of this section. 
 22.25     (c) (d) A person who is preparing for the profession 
 22.26  practice of psychologist psychology under qualified supervision 
 22.27  in recognized training institutions or facilities in accordance 
 22.28  with board statutes and rules may be designated as a 
 22.29  "psychological intern," "psychological trainee," or by other 
 22.30  terms clearly describing the person's training status.  
 22.31     (d) (e) Nothing in this section shall be construed to 
 22.32  prohibit the practice of school psychology by a person licensed 
 22.33  in accordance with chapter 125. 
 22.34     Subd. 4.  [PERSONS OR TECHNIQUES NOT REGULATED BY THIS 
 22.35  BOARD.] (a) Nothing in sections 148.88 to 148.98 shall be 
 22.36  construed to limit the occupational pursuits consistent with 
 23.1   their training and codes of ethics of professionals such as 
 23.2   teachers in recognized public and private schools, members of 
 23.3   the clergy, physicians, social workers, school psychologists, 
 23.4   alcohol or drug counselors, optometrists, or attorneys.  
 23.5   However, in such performance any title used shall be in 
 23.6   accordance with section 148.96. 
 23.7      (b) Use of psychological techniques by business and 
 23.8   industrial organizations for their own personnel purposes or by 
 23.9   employment agencies or state vocational rehabilitation agencies 
 23.10  for the evaluation of their own clients prior to recommendation 
 23.11  for employment is also specifically allowed.  However, no 
 23.12  representative of an industrial or business firm or corporation 
 23.13  may sell, offer, or provide any psychological services as 
 23.14  specified in section 148.89 unless such services are performed 
 23.15  or supervised by individuals licensed under section 148.88 to 
 23.16  148.98. 
 23.17     Subd. 5.  [OTHER PROFESSIONS NOT AUTHORIZED.] Nothing in 
 23.18  sections 148.88 to 148.98 shall be construed to authorize a 
 23.19  person licensed under sections 148.88 to 148.98 to engage in the 
 23.20  practice of any profession regulated under Minnesota law unless 
 23.21  the person is duly licensed or registered in that profession. 
 23.22     Sec. 22.  Minnesota Statutes 1994, section 148.975, is 
 23.23  amended to read: 
 23.24     148.975 [DUTY TO WARN; LIMITATION ON LIABILITY; VIOLENT 
 23.25  BEHAVIOR OF PATIENT.] 
 23.26     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 23.27  subdivision apply to this section and section 148.976. 
 23.28     (b) "Other person" means an immediate family member or 
 23.29  someone who personally knows the patient client and has reason 
 23.30  to believe the patient client is capable of and will carry out 
 23.31  the serious, specific threat of harm to a specific, clearly 
 23.32  identified or identifiable victim. 
 23.33     (c) "Practitioner" means a psychologist, school 
 23.34  psychologist, nurse, chemical dependency counselor, or social 
 23.35  worker who is licensed by the state or who performs 
 23.36  psychotherapy within a program or facility licensed by the state 
 24.1   or established pursuant to rules adopted under section 245.69, 
 24.2   subdivision 2. 
 24.3      (d) "Psychotherapy" means the professional treatment, 
 24.4   assessment, or counseling of a mental or emotional illness, 
 24.5   symptom, or condition. 
 24.6      (e) "Reasonable efforts" means communicating the serious, 
 24.7   specific threat to the potential victim and if unable to make 
 24.8   contact with the potential victim, communicating the serious, 
 24.9   specific threat to the law enforcement agency closest to the 
 24.10  potential victim or the patient client. 
 24.11     Subd. 2.  [LIABILITY STANDARD.] No monetary liability and 
 24.12  no cause of action may arise against a practitioner for failure 
 24.13  to predict, warn of, or take reasonable precautions to provide 
 24.14  protection from, a patient's violent behavior, unless the 
 24.15  patient or other person has communicated to the practitioner a 
 24.16  specific, serious threat of physical violence against a 
 24.17  specific, clearly identified or identifiable potential victim. 
 24.18     Subd. 3.  [DUTY TO WARN.] The duty to predict, warn of, or 
 24.19  take reasonable precautions to provide protection from, violent 
 24.20  behavior arises only under the limited circumstances specified 
 24.21  in subdivision 2 when a client or other person has communicated 
 24.22  to the licensee a specific, serious threat of physical violence 
 24.23  against a specific, clearly identified or identifiable potential 
 24.24  victim.  If a duty to warn arises, the duty is discharged by the 
 24.25  practitioner licensee if reasonable efforts, as defined in 
 24.26  subdivision 1, paragraph (c), are made to communicate the threat 
 24.27  to the potential victim. 
 24.28     Subd. 3.  [LIABILITY STANDARD.] If no duty to warn exists 
 24.29  under subdivision 2, then no monetary liability and no cause of 
 24.30  action may arise against a licensee for failure to predict, warn 
 24.31  of, or take reasonable precautions to provide protection from, a 
 24.32  client's violent behavior. 
 24.33     Subd. 4.  [DISCLOSURE OF CONFIDENCES.] No monetary 
 24.34  liability and no cause of action, or disciplinary action by the 
 24.35  state board of psychology or board of nursing may arise against 
 24.36  a practitioner for disclosing confidences to third parties in a 
 25.1   good-faith effort to discharge a duty arising under this 
 25.2   section.  Good faith compliance with the duty to warn shall not 
 25.3   constitute a breach of confidence and shall not result in 
 25.4   monetary liability or a cause of action against the licensee. 
 25.5      Subd. 5.  [CONTINUITY OF CARE.] Nothing in subdivision 3 2 
 25.6   shall be construed to authorize a practitioner licensee to 
 25.7   terminate treatment of a patient client as a direct result of 
 25.8   a patient's client's violent behavior or threat of physical 
 25.9   violence unless the patient client is referred to another 
 25.10  practitioner or appropriate health care facility. 
 25.11     Subd. 6.  [EXCEPTION.] This section does not apply to a 
 25.12  threat to commit suicide or other threats by a patient client to 
 25.13  harm the patient client, or to a threat by a patient client who 
 25.14  is adjudicated mentally ill and dangerous under chapter 253B. 
 25.15     Subd. 7.  [OPTIONAL DISCLOSURE.] Nothing in section 148.975 
 25.16  shall be construed to prohibit a licensee from disclosing 
 25.17  confidences to third parties in a good-faith effort to warn 
 25.18  against or take precautions against a client's violent behavior 
 25.19  or threat to commit suicide for which a duty to warn does not 
 25.20  arise. 
 25.21     Subd. 8.  [LIMITATION ON LIABILITY.] No monetary liability 
 25.22  and no cause of action, or disciplinary action by the board may 
 25.23  arise against a licensee for disclosure of confidences to third 
 25.24  parties, for failure to disclose confidences to third parties, 
 25.25  or for erroneous disclosure of confidences to third parties in a 
 25.26  good-faith effort to warn against or take precautions against a 
 25.27  client's violent behavior or threat of suicide for which a duty 
 25.28  to warn does not arise. 
 25.29     Sec. 23.  Minnesota Statutes 1994, section 148.98, is 
 25.30  amended to read: 
 25.31     148.98 [CODE OF ETHICS RULES OF CONDUCT.] 
 25.32     The board shall adopt a code of ethics rules of conduct to 
 25.33  govern an applicant's or licensee's practices or behavior.  The 
 25.34  board shall publish the code rules in the State Register and 
 25.35  file the code rules with the secretary of state at least 30 days 
 25.36  prior to the effective date of the code rules.  The code of 
 26.1   ethics rules of conduct shall include, but is not limited to, 
 26.2   the principles in paragraphs (a) to through (c).  
 26.3      (a) The psychologist Applicants or licensees shall 
 26.4   recognize the boundaries of the psychologist's their competence 
 26.5   and the limitation limitations of the psychologist's their 
 26.6   techniques and shall not offer services or use techniques that 
 26.7   fail to meet usual and customary professional standards. 
 26.8      (b) The psychologist An applicant or licensee who engages 
 26.9   in practice shall assist clients in obtaining professional help 
 26.10  for all important aspects of their the client's problems that 
 26.11  fall outside the boundaries of the psychologist's applicant's or 
 26.12  licensee's competence. 
 26.13     (c) A psychologist Applicants or licensees shall not claim 
 26.14  either directly or by implication professional qualifications 
 26.15  that differ from the psychologist's their actual qualifications, 
 26.16  nor shall the psychologist they misrepresent the psychologist's 
 26.17  affiliation their affiliations with any institution, 
 26.18  organization, or individual, nor lead others to assume an 
 26.19  affiliation affiliations that does do not exist. 
 26.20     Sec. 24.  Minnesota Statutes 1994, section 253B.02, 
 26.21  subdivision 11, is amended to read: 
 26.22     Subd. 11.  [LICENSED PSYCHOLOGIST.] "Licensed psychologist" 
 26.23  means a person as defined by section 148.91, subdivision 
 26.24  4 licensed by the board of psychology and possessing the 
 26.25  qualifications for licensure provided in section 148.907.  
 26.26     Sec. 25.  [REPEALER.] 
 26.27     Minnesota Statutes 1994, sections 148.89, subdivisions 6, 
 26.28  7, and 8; 148.91; 148.93; 148.951; and 148.97; and Minnesota 
 26.29  Statutes 1995 Supplement, section 148.921, are repealed.