1.1                          A bill for an act 
  1.2             relating to occupations; modifying definition of 
  1.3             practice of psychology; providing for emeritus 
  1.4             registration of psychologists and psychological 
  1.5             practitioners; providing for mental, physical, or 
  1.6             chemical dependency examinations or evaluations for 
  1.7             certain individuals regulated by the board of 
  1.8             psychology; amending Minnesota Statutes 2000, sections 
  1.9             13.383, subdivision 8; 148.89, subdivision 5; 148.941, 
  1.10            by adding a subdivision; proposing coding for new law 
  1.11            in Minnesota Statutes, chapter 148. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2000, section 13.383, 
  1.14  subdivision 8, is amended to read: 
  1.15     Subd. 8.  [PSYCHOLOGISTS AND PSYCHOLOGICAL PRACTITIONERS.] 
  1.16  Client records of a patient cared for by a psychologist or 
  1.17  psychological practitioner who is under review by the board of 
  1.18  psychology are classified under section 148.941, subdivision 4.  
  1.19  Data obtained by the board of psychology when requiring a 
  1.20  mental, physical, or chemical dependency examination or 
  1.21  evaluation of a regulated individual or when accessing the 
  1.22  medical records of a regulated individual are classified under 
  1.23  section 148.941, subdivision 8. 
  1.24     Sec. 2.  Minnesota Statutes 2000, section 148.89, 
  1.25  subdivision 5, is amended to read: 
  1.26     Subd. 5.  [PRACTICE OF PSYCHOLOGY.] "Practice of 
  1.27  psychology" means the observation, description, evaluation, 
  1.28  interpretation, and modification of human behavior by the 
  2.1   application of psychological principles, methods, and 
  2.2   procedures, to prevent or eliminate symptomatic, maladaptive, or 
  2.3   undesired behavior and to enhance interpersonal relationships, 
  2.4   work and life adjustment, personal and organizational 
  2.5   effectiveness, behavioral health, and mental health.  The 
  2.6   practice of psychology includes, but is not limited to, the 
  2.7   following services, regardless of whether the provider receives 
  2.8   payment for the services: 
  2.9      (1) psychological research, psychological testing, teaching 
  2.10  of psychology, and the evaluation or assessment of personal 
  2.11  characteristics such as intelligence, personality, abilities, 
  2.12  interests, aptitudes, and neuropsychological functioning; 
  2.13     (2) counseling, psychoanalysis, psychotherapy, hypnosis, 
  2.14  biofeedback, and diagnosis and treatment of:  
  2.15     (i) mental and emotional disorder or disability; 
  2.16     (ii) alcoholism and substance abuse; 
  2.17     (iii) disorders of habit or conduct; 
  2.18     (iv) the psychological aspects of physical illness or 
  2.19  condition, accident, injury, or disability; 
  2.20     (v) bereavement issues; 
  2.21     (vi) family or relationship issues; and 
  2.22     (vii) work-related issues; and 
  2.23     (3) psychoeducational evaluation, therapy, remediation, 
  2.24  consultation, and supervision; and 
  2.25     (4) a psychological report, whether written or oral, 
  2.26  including testimony of a provider as an expert witness, 
  2.27  concerning the characteristics of an individual or entity.  
  2.28     Sec. 3.  [148.9105] [EMERITUS REGISTRATION.] 
  2.29     Subdivision 1.  [APPLICATION.] Retired providers who are 
  2.30  licensed or were formally licensed to practice psychology in the 
  2.31  state according to the Minnesota Psychology Practice Act may 
  2.32  apply to the board for psychologist emeritus registration or 
  2.33  psychological practitioner emeritus registration if they declare 
  2.34  that they are retired from the practice of psychology in 
  2.35  Minnesota, have not been the subject of disciplinary action in 
  2.36  any jurisdiction, and have no unresolved complaints in any 
  3.1   jurisdiction.  Retired providers shall complete the necessary 
  3.2   forms provided by the board and pay a onetime, nonrefundable fee 
  3.3   of $150 at the time of application. 
  3.4      Subd. 2.  [STATUS OF REGISTRANT.] Emeritus registration is 
  3.5   not a license to engage in the practice of psychology as defined 
  3.6   in the Minnesota Psychology Practice Act.  The registrant shall 
  3.7   not engage in the practice of psychology. 
  3.8      Subd. 3.  [CHANGE TO ACTIVE STATUS.] Emeritus registrants 
  3.9   who request a change to active licensure status shall meet the 
  3.10  requirements for relicensure following termination in the 
  3.11  Minnesota Psychology Practice Act.  Master's level emeritus 
  3.12  registrants who request licensure at the doctoral level shall 
  3.13  comply with current licensure requirements. 
  3.14     Subd. 4.  [DOCUMENTATION OF STATUS.] A provider granted 
  3.15  emeritus registration shall receive a document certifying that 
  3.16  emeritus status has been granted by the board and that the 
  3.17  registrant has completed the registrant's active professional 
  3.18  career licensed in good standing with the board. 
  3.19     Subd. 5.  [REPRESENTATION TO THE PUBLIC.] In addition to 
  3.20  the descriptions allowed in section 148.96, subdivision 3, 
  3.21  paragraph (e), former licensees who have been granted emeritus 
  3.22  registration may represent themselves as "psychologist emeritus" 
  3.23  or "psychological practitioner emeritus," but shall not 
  3.24  represent themselves or allow themselves to be represented to 
  3.25  the public as "licensed" or otherwise as current licensees of 
  3.26  the board. 
  3.27     Subd. 6.  [CONTINUING EDUCATION REQUIREMENTS.] The 
  3.28  continuing education requirements of the Minnesota Psychology 
  3.29  Practice Act do not apply to emeritus registrants. 
  3.30     Subd. 7.  [RENEWAL OR SPECIAL FEES.] An emeritus registrant 
  3.31  is not subject to license renewal or special fees. 
  3.32     Sec. 4.  Minnesota Statutes 2000, section 148.941, is 
  3.33  amended by adding a subdivision to read: 
  3.34     Subd. 8.  [MENTAL, PHYSICAL, OR CHEMICAL DEPENDENCY 
  3.35  EXAMINATION OR EVALUATION; ACCESS TO HEALTH DATA.] (a) If the 
  3.36  board has probable cause to believe that an individual who is 
  4.1   regulated by the board has failed to cooperate according to 
  4.2   subdivision 2, clause (9), the board may direct the individual 
  4.3   to submit to a mental, physical, or chemical dependency 
  4.4   examination or evaluation.  For the purpose of this subdivision, 
  4.5   an individual regulated by the board is deemed to have consented 
  4.6   to submit to the examination or evaluation when directed to do 
  4.7   so in writing by the board and to have waived all objections to 
  4.8   the admissibility of the examiner's or evaluator's testimony or 
  4.9   reports on the grounds that the same constitutes a privileged 
  4.10  communication.  Failure to submit to an examination or 
  4.11  evaluation without just cause, as determined by the board, 
  4.12  constitutes an admission of the allegations against the 
  4.13  individual.  Such failure may result in an application being 
  4.14  denied or a default and final order being entered without the 
  4.15  taking of testimony or presentation of evidence, other than 
  4.16  evidence that may be submitted by affidavit that explains why 
  4.17  the individual did not submit to the examination or evaluation. 
  4.18     (b) An individual regulated by the board who is affected 
  4.19  under this subdivision shall, at reasonable intervals, be given 
  4.20  an opportunity to demonstrate that the individual is fit to 
  4.21  resume the competent practice of psychology with reasonable 
  4.22  skill and safety to the public. 
  4.23     (c) In a proceeding under this subdivision, neither the 
  4.24  record of the proceedings nor the orders entered by the board is 
  4.25  admissible, is subject to subpoena, or may be used against the 
  4.26  individual regulated by the board in any proceeding not 
  4.27  commenced by the board. 
  4.28     (d) In addition to ordering a mental, physical, or chemical 
  4.29  dependency examination or evaluation, the board may, 
  4.30  notwithstanding section 13.384, 144.335, 144.651, or any other 
  4.31  law limiting access to medical or other health data, obtain 
  4.32  medical data and health records relating to an individual 
  4.33  regulated by the board without the individual's consent if the 
  4.34  board has probable cause to believe that the individual has 
  4.35  failed to cooperate according to subdivision 2, clause (9).  The 
  4.36  medical or other health data may be requested from a provider, 
  5.1   as defined in section 144.335, subdivision 1, paragraph (b), or 
  5.2   other entity.  A provider or other entity shall comply with any 
  5.3   written request of the board under this subdivision and shall 
  5.4   not be liable in any action for damages for releasing the data 
  5.5   requested by the board if the data are released pursuant to a 
  5.6   written request under this subdivision, unless the information 
  5.7   is false and the provider or other entity giving the information 
  5.8   knew, or had reason to believe, the information was false.  
  5.9   Information obtained under this subdivision is classified as 
  5.10  private according to chapter 13. 
  5.11     Sec. 5.  [EFFECTIVE DATE.] 
  5.12     Section 3 is effective the day following final enactment.