1.1                          A bill for an act 
  1.2             relating to professions; establishing the board of 
  1.3             licensed professional counseling; requiring 
  1.4             professional counselors to be licensed; abolishing the 
  1.5             office of unlicensed mental health practitioners; 
  1.6             requiring rulemaking; appropriating money; amending 
  1.7             Minnesota Statutes 2002, sections 116J.70, subdivision 
  1.8             2a; 148A.01, subdivision 5; 214.01, subdivision 2; 
  1.9             214.04, subdivision 3; 214.10, subdivision 9; 609.341, 
  1.10            subdivision 17; proposing coding for new law in 
  1.11            Minnesota Statutes, chapter 148B; repealing Minnesota 
  1.12            Statutes 2002, sections 148B.60; 148B.61; 148B.63; 
  1.13            148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69; 
  1.14            148B.70; 148B.71. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2002, section 116J.70, 
  1.17  subdivision 2a, is amended to read: 
  1.18     Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
  1.19  "license" does not include the following:  
  1.20     (1) any occupational license or registration issued by a 
  1.21  licensing board listed in section 214.01 or any occupational 
  1.22  registration issued by the commissioner of health pursuant to 
  1.23  section 214.13; 
  1.24     (2) any license issued by a county, home rule charter city, 
  1.25  statutory city, township, or other political subdivision; 
  1.26     (3) any license required to practice the following 
  1.27  occupation regulated by the following sections:  
  1.28     (i) abstracters regulated pursuant to chapter 386; 
  1.29     (ii) accountants regulated pursuant to chapter 326A; 
  1.30     (iii) adjusters regulated pursuant to chapter 72B; 
  2.1      (iv) architects regulated pursuant to chapter 326; 
  2.2      (v) assessors regulated pursuant to chapter 270; 
  2.3      (vi) athletic trainers regulated pursuant to chapter 148; 
  2.4      (vii) attorneys regulated pursuant to chapter 481; 
  2.5      (viii) auctioneers regulated pursuant to chapter 330; 
  2.6      (ix) barbers regulated pursuant to chapter 154; 
  2.7      (x) beauticians regulated pursuant to chapter 155A; 
  2.8      (xi) boiler operators regulated pursuant to chapter 183; 
  2.9      (xii) chiropractors regulated pursuant to chapter 148; 
  2.10     (xiii) collection agencies regulated pursuant to chapter 
  2.11  332; 
  2.12     (xiv) cosmetologists regulated pursuant to chapter 155A; 
  2.13     (xv) dentists, registered dental assistants, and dental 
  2.14  hygienists regulated pursuant to chapter 150A; 
  2.15     (xvi) detectives regulated pursuant to chapter 326; 
  2.16     (xvii) electricians regulated pursuant to chapter 326; 
  2.17     (xviii) mortuary science practitioners regulated pursuant 
  2.18  to chapter 149A; 
  2.19     (xix) engineers regulated pursuant to chapter 326; 
  2.20     (xx) insurance brokers and salespersons regulated pursuant 
  2.21  to chapter 60A; 
  2.22     (xxi) certified interior designers regulated pursuant to 
  2.23  chapter 326; 
  2.24     (xxii) midwives regulated pursuant to chapter 147D; 
  2.25     (xxiii) nursing home administrators regulated pursuant to 
  2.26  chapter 144A; 
  2.27     (xxiv) optometrists regulated pursuant to chapter 148; 
  2.28     (xxv) osteopathic physicians regulated pursuant to chapter 
  2.29  147; 
  2.30     (xxvi) pharmacists regulated pursuant to chapter 151; 
  2.31     (xxvii) physical therapists regulated pursuant to chapter 
  2.32  148; 
  2.33     (xxviii) physician assistants regulated pursuant to chapter 
  2.34  147A; 
  2.35     (xxix) physicians and surgeons regulated pursuant to 
  2.36  chapter 147; 
  3.1      (xxx) plumbers regulated pursuant to chapter 326; 
  3.2      (xxxi) podiatrists regulated pursuant to chapter 153; 
  3.3      (xxxii) practical nurses regulated pursuant to chapter 148; 
  3.4      (xxxiii) professional fund raisers regulated pursuant to 
  3.5   chapter 309; 
  3.6      (xxxiv) psychologists regulated pursuant to chapter 148; 
  3.7      (xxxv) real estate brokers, salespersons, and others 
  3.8   regulated pursuant to chapters 82 and 83; 
  3.9      (xxxvi) registered nurses regulated pursuant to chapter 
  3.10  148; 
  3.11     (xxxvii) securities brokers, dealers, agents, and 
  3.12  investment advisers regulated pursuant to chapter 80A; 
  3.13     (xxxviii) steamfitters regulated pursuant to chapter 326; 
  3.14     (xxxix) teachers and supervisory and support personnel 
  3.15  regulated pursuant to chapter 125; 
  3.16     (xl) veterinarians regulated pursuant to chapter 156; 
  3.17     (xli) water conditioning contractors and installers 
  3.18  regulated pursuant to chapter 326; 
  3.19     (xlii) water well contractors regulated pursuant to chapter 
  3.20  103I; 
  3.21     (xliii) water and waste treatment operators regulated 
  3.22  pursuant to chapter 115; 
  3.23     (xliv) motor carriers regulated pursuant to chapter 221; 
  3.24     (xlv) professional firms regulated under chapter 319B; 
  3.25     (xlvi) real estate appraisers regulated pursuant to chapter 
  3.26  82B; 
  3.27     (xlvii) residential building contractors, residential 
  3.28  remodelers, residential roofers, manufactured home installers, 
  3.29  and specialty contractors regulated pursuant to chapter 326; 
  3.30     (xlviii) licensed professional counselors regulated 
  3.31  pursuant to chapter 148B; 
  3.32     (4) any driver's license required pursuant to chapter 171; 
  3.33     (5) any aircraft license required pursuant to chapter 360; 
  3.34     (6) any watercraft license required pursuant to chapter 
  3.35  86B; 
  3.36     (7) any license, permit, registration, certification, or 
  4.1   other approval pertaining to a regulatory or management program 
  4.2   related to the protection, conservation, or use of or 
  4.3   interference with the resources of land, air, or water, which is 
  4.4   required to be obtained from a state agency or instrumentality; 
  4.5   and 
  4.6      (8) any pollution control rule or standard established by 
  4.7   the pollution control agency or any health rule or standard 
  4.8   established by the commissioner of health or any licensing rule 
  4.9   or standard established by the commissioner of human services. 
  4.10     Sec. 2.  Minnesota Statutes 2002, section 148A.01, 
  4.11  subdivision 5, is amended to read: 
  4.12     Subd. 5.  [PSYCHOTHERAPIST.] "Psychotherapist" means a 
  4.13  physician, psychologist, nurse, chemical dependency counselor, 
  4.14  social worker, member of the clergy, marriage and family 
  4.15  therapist, mental health service provider, licensed professional 
  4.16  counselor, or other person, whether or not licensed by the 
  4.17  state, who performs or purports to perform psychotherapy. 
  4.18                   BOARD OF LICENSED PROFESSIONAL
  4.19                             COUNSELING
  4.20     Sec. 3.  [148B.50] [DEFINITIONS.] 
  4.21     Subdivision 1.  [APPLICABILITY.] For the purposes of 
  4.22  sections 148B.50 to 148B.593, the following terms have the 
  4.23  meanings given.  
  4.24     Subd. 2.  [APPROVED SUPERVISOR.] "Approved supervisor" 
  4.25  means a licensed professional counselor, licensed psychologist, 
  4.26  or other qualified supervisor as determined by the board, who 
  4.27  has four years of professional counseling experience and 
  4.28  documents to the board the completion of a training in 
  4.29  counseling supervision that included content and experiences 
  4.30  relevant to the supervision of professional counselors. 
  4.31     Subd. 3.  [BOARD.] "Board" means the board of licensed 
  4.32  professional counseling established by section 148B.51. 
  4.33     Subd. 4.  [LICENSED PROFESSIONAL COUNSELING.] "Licensed 
  4.34  professional counseling" means the application of counseling, 
  4.35  human development, and mental health research, principles, and 
  4.36  procedures to maintain and enhance the mental health, 
  5.1   development, personal and interpersonal effectiveness, and 
  5.2   adjustment to work and life of individuals and families. 
  5.3      Subd. 5.  [SCOPE OF PRACTICE.] (a) The scope of practice of 
  5.4   a licensed professional counselor includes, but is not limited 
  5.5   to: 
  5.6      (1) the implementation of professional counseling treatment 
  5.7   interventions including evaluation, treatment planning, 
  5.8   assessment, and referral; 
  5.9      (2) direct counseling services to individuals, groups, and 
  5.10  families; 
  5.11     (3) counseling strategies that effectively respond to 
  5.12  multicultural populations; 
  5.13     (4) knowledge of relevant laws and ethics impacting 
  5.14  practice; 
  5.15     (5) crisis intervention; 
  5.16     (6) consultation; and 
  5.17     (7) program evaluation and applied research. 
  5.18     (b) For the purposes of paragraph (a), clause (1), 
  5.19  "professional counseling treatment interventions" means the 
  5.20  application of cognitive, affective, behavioral, systemic, and 
  5.21  community counseling strategies which include principles of 
  5.22  human development, wellness, and pathology.  Counselors provide 
  5.23  mental health services for clients whose symptoms significantly 
  5.24  interfere with daily functioning and would most likely not 
  5.25  improve in a reasonable time period without intervention.  
  5.26     (c) Licensed professional counseling does not include 
  5.27  activities or services undertaken by persons listed in section 
  5.28  148B.592, or the performance of any act that licensed 
  5.29  professional counselors are not educated and trained to perform. 
  5.30     (d) In order to evaluate and treat mental illness, a 
  5.31  licensed professional counselor must have a specialty as 
  5.32  described in section 148B.57 and complete the postgraduate 
  5.33  training specified in section 245.462, subdivision 18, clause 
  5.34  (6), or 245.4871, subdivision 27, clause (6). 
  5.35     Sec. 4.  [148B.51] [BOARD OF LICENSED PROFESSIONAL 
  5.36  COUNSELING.] 
  6.1      The board of licensed professional counseling consists of 
  6.2   nine members appointed by the governor, including six 
  6.3   professional counselors licensed or eligible for licensure under 
  6.4   sections 148B.50 to 148B.593 and three public members as defined 
  6.5   in section 214.02.  The professional counselor members of the 
  6.6   board must include persons representing professional counseling 
  6.7   and counselor education.  The board shall annually elect from 
  6.8   its membership a chair and vice-chair.  The board shall appoint 
  6.9   and employ an executive director who is not a member of the 
  6.10  board.  Chapter 214 applies to the board of licensed 
  6.11  professional counseling unless superseded by sections 148B.50 to 
  6.12  148B.593.  
  6.13     Sec. 5.  [148B.52] [DUTIES OF THE BOARD.] 
  6.14     The board of licensed professional counseling shall: 
  6.15     (1) establish by rule appropriate techniques, including 
  6.16  examinations and other methods, for determining whether 
  6.17  applicants and licensees are qualified under sections 148B.50 to 
  6.18  148B.593; 
  6.19     (2) establish by rule standards for professional conduct, 
  6.20  including adoption of a code of professional ethics and 
  6.21  requirements for continuing education and supervision; 
  6.22     (3) issue licenses to individuals qualified under sections 
  6.23  148B.50 to 148B.593; 
  6.24     (4) establish by rule standards for initial education 
  6.25  including coursework for licensure and content of professional 
  6.26  education; 
  6.27     (5) establish by rule procedures, including a standard 
  6.28  disciplinary process, to assess whether individuals licensed as 
  6.29  licensed professional counselors comply with the board's rules; 
  6.30     (6) establish, maintain, and publish annually a register of 
  6.31  current licensees and approved supervisors; 
  6.32     (7) establish initial and renewal application and 
  6.33  examination fees sufficient to cover operating expenses of the 
  6.34  board and its agents; 
  6.35     (8) educate the public about the existence and content of 
  6.36  the laws and rules for licensed professional counselors to 
  7.1   enable consumers to file complaints against licensees who may 
  7.2   have violated the rules; 
  7.3      (9) establish rules and regulations pertaining to treatment 
  7.4   for impaired practitioners; and 
  7.5      (10) periodically evaluate its rules in order to refine the 
  7.6   standards for licensing professional counselors and to improve 
  7.7   the methods used to enforce the board's standards. 
  7.8      Sec. 6.  [148B.53] [REQUIREMENTS FOR LICENSURE.] 
  7.9      Subdivision 1.  [GENERAL REQUIREMENTS.] (a) To be licensed 
  7.10  as a licensed professional counselor (LPC), an applicant must 
  7.11  provide evidence satisfactory to the board that the applicant: 
  7.12     (1) is at least 18 years of age; 
  7.13     (2) is of good moral character; 
  7.14     (3) has completed a master's degree program in counseling 
  7.15  that includes a minimum of 48 semester hours and a supervised 
  7.16  field experience of not fewer than 700 hours that is counseling 
  7.17  in nature; 
  7.18     (4) has submitted to the board a plan for supervision 
  7.19  during the first 2,000 hours of professional practice; 
  7.20     (5) has demonstrated competence in professional counseling 
  7.21  by passing the National Counseling Exam (NCE) administered by 
  7.22  the National Board for Certified Counselors, Inc. (NBCC) 
  7.23  including obtaining a passing score on the examination accepted 
  7.24  by the board based on the determinations made by the NBCC and 
  7.25  oral and situational examinations if prescribed by the board; 
  7.26     (6) will conduct all professional activities as a licensed 
  7.27  professional counselor in accordance with standards for 
  7.28  professional conduct established by the rules of the board; and 
  7.29     (7) has declared to the board and agrees to continue to 
  7.30  declare areas of professional competencies through a statement 
  7.31  of professional disclosure, describing the intended use of the 
  7.32  license and the population to be served.  
  7.33     (b) The degree described in paragraph (a), clause (3), must 
  7.34  be from a counseling program recognized by the Council for 
  7.35  Accreditation of Counseling and Related Education Programs 
  7.36  (CACREP) or from an institution of higher education that is 
  8.1   accredited by a regional accrediting organization recognized by 
  8.2   the Council for Higher Education Accreditation (CHEA).  Specific 
  8.3   academic course content and training must meet standards 
  8.4   established by the CACREP, including course work in the 
  8.5   following subject areas: 
  8.6      (1) the helping relationship, including counseling theory 
  8.7   and practice; 
  8.8      (2) human growth and development; 
  8.9      (3) lifestyle and career development; 
  8.10     (4) group dynamics, processes, counseling, and consulting; 
  8.11     (5) assessment and appraisal; 
  8.12     (6) social and cultural foundations, including 
  8.13  multicultural issues; 
  8.14     (7) principles of etiology, treatment planning, and 
  8.15  prevention of mental and emotional disorders and dysfunctional 
  8.16  behavior; 
  8.17     (8) family counseling and therapy; 
  8.18     (9) research and evaluation; and 
  8.19     (10) professional counseling orientation and ethics. 
  8.20     (c) To be licensed as a professional counselor, a 
  8.21  psychological practitioner licensed under section 148.908 need 
  8.22  only show evidence of licensure under that section and is not 
  8.23  required to comply with paragraph (a) or (b). 
  8.24     Subd. 2.  [MINIMUM HOUR EFFECTIVE DATE.] The minimum 
  8.25  semester hour requirement imposed by subdivision 1, paragraph 
  8.26  (a), clause (3), is not effective until July 1, 2004.  This 
  8.27  subdivision expires July 1, 2004. 
  8.28     Subd. 3.  [FEE.] Each applicant shall pay a nonrefundable 
  8.29  fee set by the board. 
  8.30     Sec. 7.  [148B.54] [LICENSE RENEWAL REQUIREMENTS.] 
  8.31     Subdivision 1.  [RENEWAL.] Licensees shall renew licenses 
  8.32  at the time and in the manner established by the rules of the 
  8.33  board. 
  8.34     Subd. 2.  [CONTINUING EDUCATION.] At the completion of the 
  8.35  first two years of licensure, a licensee must provide evidence 
  8.36  satisfactory to the board of completion of 12 additional 
  9.1   postgraduate semester credit hours in counseling as determined 
  9.2   by the board.  Thereafter, at the time of renewal, each licensee 
  9.3   shall provide evidence satisfactory to the board that the 
  9.4   licensee has completed during each two-year period at least the 
  9.5   equivalent of 40 clock hours of professional postdegree 
  9.6   continuing education in programs approved by the board and 
  9.7   continues to be qualified to practice under sections 148B.50 to 
  9.8   148B.593.  
  9.9      Sec. 8.  [148B.55] [LICENSES; TRANSITION PERIOD.] 
  9.10     For two years beginning July 1, 2003, the board shall issue 
  9.11  a license without examination to an applicant if the board 
  9.12  determines that the applicant satisfies the requirements in 
  9.13  section 148B.53, subdivision 1, or if the applicant is a 
  9.14  licensed psychological practitioner or is in the process of 
  9.15  being licensed.  An applicant licensed under this section must 
  9.16  also agree to conduct all professional activities as a licensed 
  9.17  professional counselor in accordance with standards for 
  9.18  professional conduct established by the board by rule.  This 
  9.19  section expires July 1, 2005.  
  9.20     Sec. 9.  [148B.56] [RECIPROCITY.] 
  9.21     The board may issue a license to an individual who holds a 
  9.22  current license or other credential from another jurisdiction if 
  9.23  the board finds that the requirements for that credential are 
  9.24  substantially similar to the requirements in sections 148B.50 to 
  9.25  148B.593.  
  9.26     Sec. 10.  [148B.57] [SPECIALTY DESIGNATIONS.] 
  9.27     A specialty designation may be added to the license of a 
  9.28  professional counselor if the applicant demonstrates to the 
  9.29  board that the applicant has met the minimum standards 
  9.30  established by a nationally recognized certification agency or, 
  9.31  where there is no nationally recognized certification agency, 
  9.32  that the applicant has satisfied specific criteria established 
  9.33  by the board in rule.  A licensed professional counselor may not 
  9.34  claim, advertise, or practice a counseling specialty unless the 
  9.35  specialty designation has been approved by the board. 
  9.36     Sec. 11.  [148B.58] [NONTRANSFERABILITY OF LICENSES.] 
 10.1      A professional counseling license is not transferable. 
 10.2      Sec. 12.  [148B.59] [GROUNDS FOR DISCIPLINARY ACTION; FORMS 
 10.3   OF DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 
 10.4      (a) The board may impose disciplinary action as described 
 10.5   in paragraph (b) against an applicant or licensee whom the 
 10.6   board, by a preponderance of the evidence, determines:  
 10.7      (1) has violated a statute, rule, or order that the board 
 10.8   issued or is empowered to enforce; 
 10.9      (2) has engaged in fraudulent, deceptive, or dishonest 
 10.10  conduct, whether or not the conduct relates to the practice of 
 10.11  licensed professional counseling, that adversely affects the 
 10.12  person's ability or fitness to practice professional counseling; 
 10.13     (3) has engaged in unprofessional conduct or any other 
 10.14  conduct which has the potential for causing harm to the public, 
 10.15  including any departure from or failure to conform to the 
 10.16  minimum standards of acceptable and prevailing practice without 
 10.17  actual injury having to be established; 
 10.18     (4) has been convicted of or has pled guilty or nolo 
 10.19  contendere to a felony or other crime, an element of which is 
 10.20  dishonesty or fraud, or has been shown to have engaged in acts 
 10.21  or practices tending to show that the applicant or licensee is 
 10.22  incompetent or has engaged in conduct reflecting adversely on 
 10.23  the applicant's or licensee's ability or fitness to engage in 
 10.24  the practice of professional counseling; 
 10.25     (5) has employed fraud or deception in obtaining or 
 10.26  renewing a license, or in passing an examination; 
 10.27     (6) has had any counseling license, certificate, 
 10.28  registration, privilege to take an examination, or other similar 
 10.29  authority denied, revoked, suspended, canceled, limited, or not 
 10.30  renewed for cause in any jurisdiction; 
 10.31     (7) has failed to meet any requirement for the issuance or 
 10.32  renewal of the person's license.  The burden of proof is on the 
 10.33  applicant or licensee to demonstrate the qualifications or 
 10.34  satisfy the requirements for a license under the licensed 
 10.35  professional counseling act; 
 10.36     (8) has failed to cooperate with an investigation of the 
 11.1   board; 
 11.2      (9) has demonstrated an inability to practice professional 
 11.3   counseling with reasonable skill and safety to clients due to 
 11.4   any mental or physical illness or condition; or 
 11.5      (10) has engaged in fee splitting.  This clause does not 
 11.6   apply to the distribution of revenues from a partnership, group 
 11.7   practice, nonprofit corporation, or professional corporation to 
 11.8   its partners, shareholders, members, or employees if the 
 11.9   revenues consist only of fees for services performed by the 
 11.10  licensee or under a licensee's administrative authority.  Fee 
 11.11  splitting includes, but is not limited to: 
 11.12     (i) dividing fees with another person or a professional 
 11.13  corporation, unless the division is in proportion to the 
 11.14  services provided and the responsibility assumed by each 
 11.15  professional; and 
 11.16     (ii) referring a client to any health care provider as 
 11.17  defined in section 144.335 in which the referring licensee has a 
 11.18  significant financial interest, unless the licensee has 
 11.19  disclosed in advance to the client the licensee's own financial 
 11.20  interest. 
 11.21     (b) If grounds for disciplinary action exist under 
 11.22  paragraph (a), the board may take one or more of the following 
 11.23  actions: 
 11.24     (1) refuse to grant or renew a license; 
 11.25     (2) revoke a license; 
 11.26     (3) suspend a license; 
 11.27     (4) impose limitations or conditions on a licensee's 
 11.28  practice of professional counseling, including, but not limited 
 11.29  to, limiting the scope of practice to designated competencies, 
 11.30  imposing retraining or rehabilitation requirements, requiring 
 11.31  the licensee to practice under supervision, or conditioning 
 11.32  continued practice on the demonstration of knowledge or skill by 
 11.33  appropriate examination or other review of skill and competence; 
 11.34     (5) censure or reprimand the licensee; 
 11.35     (6) refuse to permit an applicant to take the licensure 
 11.36  examination or refuse to release an applicant's examination 
 12.1   grade if the board finds that it is in the public interest; or 
 12.2      (7) impose disciplinary fees of up to $5,000 for each 
 12.3   separate violation.  The amount of the disciplinary fee shall be 
 12.4   fixed so as (i) to deprive the applicant or licensee of any 
 12.5   economic advantage gained by reason of the violation charged, 
 12.6   and (ii) to reimburse the board for the cost of the 
 12.7   investigation and proceeding, including, but not limited to, the 
 12.8   costs of legal and investigative services provided by the office 
 12.9   of the attorney general and the costs of legal services provided 
 12.10  by the office of administrative hearings. 
 12.11     (c) In lieu of or in addition to paragraph (b), the board 
 12.12  may require, as a condition of continued licensure, termination 
 12.13  of suspension, reinstatement of license, examination, or release 
 12.14  of examination grades, that the applicant or licensee: 
 12.15     (1) submit to a quality review, as specified by the board, 
 12.16  of the applicant's or licensee's ability, skills, or quality of 
 12.17  work; and 
 12.18     (2) complete to the satisfaction of the board educational 
 12.19  courses specified by the board. 
 12.20     (d) Service of the order is effective if the order is 
 12.21  served on the applicant, licensee, or counsel of record 
 12.22  personally or by mail to the most recent address provided to the 
 12.23  board for the licensee, applicant, or counsel of record.  The 
 12.24  order shall state the reasons for the entry of the order. 
 12.25     Sec. 13.  [148B.591] [PROHIBITION AGAINST UNLICENSED 
 12.26  PRACTICE OR USE OF TITLES.] 
 12.27     Subdivision 1.  [PRACTICE.] After the effective date of 
 12.28  rules adopted by the board, no individual may engage in the 
 12.29  practice of professional counseling unless that individual holds 
 12.30  a valid license or is exempt from licensure under section 
 12.31  148B.592. 
 12.32     Subd. 2.  [USE OF TITLES.] After the board adopts rules, no 
 12.33  individual may be presented to the public by any title or 
 12.34  practice incorporating the words "licensed professional 
 12.35  counselor" or "LPC" unless that individual holds a valid license 
 12.36  issued under sections 148B.50 to 148B.593.  
 13.1      Sec. 14.  [148B.592] [EXCEPTIONS TO LICENSE REQUIREMENT.] 
 13.2      Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in sections 
 13.3   148B.50 to 148B.593 prevents members of other professions or 
 13.4   occupations from performing functions for which they are 
 13.5   qualified or licensed.  This exception includes, but is not 
 13.6   limited to, licensed physicians, registered nurses, licensed 
 13.7   practical nurses, licensed psychologists, probation officers, 
 13.8   attorneys, social workers, marriage and family therapists, 
 13.9   career counselors, qualified rehabilitation consultants, natural 
 13.10  family planning practitioners certified by the American Academy 
 13.11  of Natural Family Planning, and registered occupational 
 13.12  therapists or certified occupational therapist assistants.  
 13.13  These persons must not, however, use a title incorporating the 
 13.14  words "licensed professional counselor" or otherwise hold 
 13.15  themselves out to the public by any title or description stating 
 13.16  or implying that they are licensed to engage in the practice of 
 13.17  professional counseling unless they are licensed under sections 
 13.18  148B.50 to 148B.593. 
 13.19     Subd. 2.  [STUDENTS.] Nothing in sections 148B.50 to 
 13.20  148B.593 prevents a student, intern, or trainee enrolled in an 
 13.21  accredited program of professional counseling from engaging in 
 13.22  professional counseling as part of the supervised course of 
 13.23  study if the person is identified as a "counselor intern." 
 13.24     Subd. 3.  [GOVERNMENT AGENCIES; EDUCATIONAL INSTITUTIONS.] 
 13.25  Nothing in sections 148B.50 to 148B.593 limits the activities 
 13.26  and services of, or use of, an official title by a person 
 13.27  employed as a counselor by a federal, state, county, or 
 13.28  municipal agency, or public or private educational institution 
 13.29  if the person is performing the activities within the scope of 
 13.30  the person's employment. 
 13.31     Subd. 4.  [NONRESIDENTS.] A nonresident may engage in the 
 13.32  practice of professional counseling within the state without a 
 13.33  license for up to 30 days during any calendar year if the 
 13.34  nonresident is authorized to provide the services under the law 
 13.35  of the state or country of residence and the nonresident has 
 13.36  provided proof of credentials to the board, been found qualified 
 14.1   to render services in the state, and been granted permission by 
 14.2   the board to practice. 
 14.3      Subd. 5.  [CLERGY.] Nothing in sections 148B.50 to 148B.593 
 14.4   limits the activities and services of a rabbi, priest, minister, 
 14.5   or clergyperson of any religious denomination or sect, provided 
 14.6   such activities and services are within the scope of the 
 14.7   performance of regular or specialized ministerial duties. 
 14.8      Subd. 6.  [NONPROFIT ORGANIZATIONS AND CHARITIES.] Nothing 
 14.9   in sections 148B.50 to 148B.593 limits the activities, services, 
 14.10  and descriptions of persons offering volunteer or professional 
 14.11  services for public or private nonprofit organizations or 
 14.12  charities.  
 14.13     Sec. 15.  [148B.593] [DISCLOSURE OF INFORMATION.] 
 14.14     (a) A person licensed under sections 148B.50 to 148B.593 
 14.15  may not disclose without written consent of the client any 
 14.16  communication made by the client to the licensee in the course 
 14.17  of the practice of professional counseling, nor may any employee 
 14.18  of the licensee reveal the information without the consent of 
 14.19  the employer or client except as provided under section 626.556 
 14.20  or 626.557.  
 14.21     (b) For purposes of sections 148B.50 to 148B.593, the 
 14.22  confidential relations and communications between the licensee 
 14.23  and a client are placed upon the same basis as those that exist 
 14.24  between a licensed psychologist and client.  Nothing in sections 
 14.25  148B.50 to 148B.593 may be construed to require any 
 14.26  communications to be disclosed except by court order. 
 14.27     Sec. 16.  Minnesota Statutes 2002, section 214.01, 
 14.28  subdivision 2, is amended to read: 
 14.29     Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related 
 14.30  licensing board" means the board of examiners of nursing home 
 14.31  administrators established pursuant to section 144A.19, the 
 14.32  office of unlicensed complementary and alternative health care 
 14.33  practice established pursuant to section 146A.02, the board of 
 14.34  medical practice created pursuant to section 147.01, the board 
 14.35  of nursing created pursuant to section 148.181, the board of 
 14.36  chiropractic examiners established pursuant to section 148.02, 
 15.1   the board of optometry established pursuant to section 148.52, 
 15.2   the board of physical therapy established pursuant to section 
 15.3   148.67, the board of psychology established pursuant to section 
 15.4   148.90, the board of social work pursuant to section 148B.19, 
 15.5   the board of marriage and family therapy pursuant to section 
 15.6   148B.30, the office of mental health practice established 
 15.7   pursuant to section 148B.61, the board of licensed professional 
 15.8   counseling established by section 148B.51, the alcohol and drug 
 15.9   counselors licensing advisory council established pursuant to 
 15.10  section 148C.02, the board of dietetics and nutrition practice 
 15.11  established under section 148.622, the board of dentistry 
 15.12  established pursuant to section 150A.02, the board of pharmacy 
 15.13  established pursuant to section 151.02, the board of podiatric 
 15.14  medicine established pursuant to section 153.02, and the board 
 15.15  of veterinary medicine, established pursuant to section 156.01. 
 15.16     Sec. 17.  Minnesota Statutes 2002, section 214.04, 
 15.17  subdivision 3, is amended to read: 
 15.18     Subd. 3.  [OFFICERS; STAFF.] The executive director of each 
 15.19  health-related board and the executive secretary of each 
 15.20  non-health-related board shall be the chief administrative 
 15.21  officer for the board but shall not be a member of the board.  
 15.22  The executive director or executive secretary shall maintain the 
 15.23  records of the board, account for all fees received by it, 
 15.24  supervise and direct employees servicing the board, and perform 
 15.25  other services as directed by the board.  The executive 
 15.26  directors, executive secretaries, and other employees of the 
 15.27  following boards shall be hired by the board, and the executive 
 15.28  directors or executive secretaries shall be in the unclassified 
 15.29  civil service, except as provided in this subdivision:  
 15.30     (1) dentistry; 
 15.31     (2) medical practice; 
 15.32     (3) nursing; 
 15.33     (4) pharmacy; 
 15.34     (5) accountancy; 
 15.35     (6) architecture, engineering, land surveying, landscape 
 15.36  architecture, geoscience, and interior design; 
 16.1      (7) barber examiners; 
 16.2      (8) cosmetology; 
 16.3      (9) electricity; 
 16.4      (10) teaching; 
 16.5      (11) peace officer standards and training; 
 16.6      (12) social work; 
 16.7      (13) marriage and family therapy; and 
 16.8      (14) dietetics and nutrition practice; and 
 16.9      (15) licensed professional counseling. 
 16.10     The executive directors or executive secretaries serving 
 16.11  the boards are hired by those boards and are in the unclassified 
 16.12  civil service, except for part-time executive directors or 
 16.13  executive secretaries, who are not required to be in the 
 16.14  unclassified service.  Boards not requiring full-time executive 
 16.15  directors or executive secretaries may employ them on a 
 16.16  part-time basis.  To the extent practicable, the sharing of 
 16.17  part-time executive directors or executive secretaries by boards 
 16.18  being serviced by the same department is encouraged.  Persons 
 16.19  providing services to those boards not listed in this 
 16.20  subdivision, except executive directors or executive secretaries 
 16.21  of the boards and employees of the attorney general, are 
 16.22  classified civil service employees of the department servicing 
 16.23  the board.  To the extent practicable, the commissioner shall 
 16.24  ensure that staff services are shared by the boards being 
 16.25  serviced by the department.  If necessary, a board may hire 
 16.26  part-time, temporary employees to administer and grade 
 16.27  examinations. 
 16.28     Sec. 18.  Minnesota Statutes 2002, section 214.10, 
 16.29  subdivision 9, is amended to read: 
 16.30     Subd. 9.  [ACTS AGAINST MINORS.] (a) As used in this 
 16.31  subdivision, the following terms have the meanings given them. 
 16.32     (1) "Licensed person" means a person who is licensed under 
 16.33  this chapter by the board of nursing, the board of psychology, 
 16.34  the social work licensing board, the board of marriage and 
 16.35  family therapy, the board of unlicensed mental health service 
 16.36  providers, the board of licensed professional counseling, or the 
 17.1   board of teaching. 
 17.2      (2) "Crime against a minor" means conduct that constitutes 
 17.3   a violation of section 609.185, 609.19, 609.195, 609.20, 
 17.4   609.205, 609.21, 609.215, 609.221, 609.222, 609.223, 609.342, 
 17.5   609.343, 609.345, or a felony violation of section 609.377. 
 17.6      (b) In any license revocation proceeding, there is a 
 17.7   rebuttable presumption that a licensed person who is convicted 
 17.8   in a court of competent jurisdiction of committing a crime 
 17.9   against a minor is unfit to practice the profession or 
 17.10  occupation for which that person is licensed. 
 17.11     Sec. 19.  Minnesota Statutes 2002, section 609.341, 
 17.12  subdivision 17, is amended to read: 
 17.13     Subd. 17.  "Psychotherapist" means a person who is or 
 17.14  purports to be a physician, psychologist, nurse, chemical 
 17.15  dependency counselor, social worker, marriage and family 
 17.16  therapist, or other mental health service provider; licensed 
 17.17  professional counselor, or any other person, whether or not 
 17.18  licensed by the state, who performs or purports to perform 
 17.19  psychotherapy. 
 17.20     Sec. 20.  [INITIAL BOARD.] 
 17.21     Notwithstanding Minnesota Statutes, section 148B.51, 
 17.22  members of the first board appointed under that section need not 
 17.23  be licensed, but must meet all qualifications, other than 
 17.24  payment of fees, to be eligible for licensure under Minnesota 
 17.25  Statutes, sections 148B.50 to 148B.593. 
 17.26     Sec. 21.  [INTERAGENCY AGREEMENT.] 
 17.27     The board of licensed professional counselors and the board 
 17.28  of psychology shall enter into an interagency agreement for 
 17.29  shared administrative services. 
 17.30     Sec. 22.  [APPROPRIATION.] 
 17.31     $....... is appropriated from the state government special 
 17.32  revenue fund to the professional counseling licensing board for 
 17.33  the purposes of sections 3 to 15 to be available until July 1, 
 17.34  2004.  
 17.35     Sec. 23.  [REVISOR'S INSTRUCTION.] 
 17.36     The revisor of statutes shall strike the terms "unlicensed 
 18.1   mental health practitioner" and "the office of unlicensed mental 
 18.2   health practitioner" from Minnesota Statutes.  
 18.3      Sec. 24.  [REPEALER.] 
 18.4      Minnesota Statutes 2002, sections 148B.60; 148B.61; 
 18.5   148B.63; 148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69; 
 18.6   148B.70; and 148B.71, are repealed. 
 18.7      Sec. 25.  [EFFECTIVE DATE.] 
 18.8      This act is effective July 1, 2003.