HF 3146

Introduction - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to health; modifying licensure requirements 
  1.3             for alcohol and drug counselors; amending Minnesota 
  1.4             Statutes 2003 Supplement, sections 148C.04, 
  1.5             subdivision 6; 148C.075, subdivision 2, by adding a 
  1.6             subdivision; 148C.11, subdivision 6, by adding a 
  1.7             subdivision; 148C.12, subdivisions 2, 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.10  148C.04, subdivision 6, is amended to read: 
  1.11     Subd. 6.  [TEMPORARY PERMIT REQUIREMENTS.] (a) The 
  1.12  commissioner shall issue a temporary permit to practice alcohol 
  1.13  and drug counseling prior to being licensed under this chapter 
  1.14  if the person: 
  1.15     (1) either: 
  1.16     (i) submits verification of a current and unrestricted 
  1.17  credential for the practice of alcohol and drug counseling from 
  1.18  a national certification body or a certification or licensing 
  1.19  body from another state, United States territory, or federally 
  1.20  recognized tribal authority; 
  1.21     (ii) submits verification of the completion of at least 64 
  1.22  semester credits, including 270 clock hours or 18 semester 
  1.23  credits of formal classroom education in alcohol and drug 
  1.24  counseling and at least 880 clock hours of alcohol and drug 
  1.25  counseling practicum from an accredited school or educational 
  1.26  program; or 
  2.1      (iii) applies to renew a lapsed license according to the 
  2.2   requirements of section 148C.055, subdivision 3, clauses (1) and 
  2.3   (2), or section 148C.055, subdivision 4, clauses (1) and (2); or 
  2.4      (iv) meets the requirements of section 148C.11, subdivision 
  2.5   6, clauses (1), (2), and (5); 
  2.6      (2) applies, in writing, on an application form provided by 
  2.7   the commissioner, which includes the nonrefundable temporary 
  2.8   permit fee as specified in section 148C.12 and an affirmation by 
  2.9   the person's supervisor, as defined in paragraph (c), clause 
  2.10  (1), which is signed and dated by the person and the person's 
  2.11  supervisor; and 
  2.12     (3) has not been disqualified to practice temporarily on 
  2.13  the basis of a background investigation under section 148C.09, 
  2.14  subdivision 1a.  
  2.15     (b) The commissioner must notify the person in writing 
  2.16  within 90 days from the date the completed application and all 
  2.17  required information is received by the commissioner whether the 
  2.18  person is qualified to practice under this subdivision. 
  2.19     (c) A person practicing under this subdivision: 
  2.20     (1) may practice under tribal jurisdiction or under the 
  2.21  direct supervision of a person who is licensed under this 
  2.22  chapter; 
  2.23     (2) is subject to the Rules of Professional Conduct set by 
  2.24  rule; and 
  2.25     (3) is not subject to the continuing education requirements 
  2.26  of section 148C.075. 
  2.27     (d) A person practicing under this subdivision must use the 
  2.28  title or description stating or implying that the person is a 
  2.29  trainee engaged in the practice of alcohol and drug counseling. 
  2.30     (e) A person practicing under this subdivision must 
  2.31  annually submit a renewal application on forms provided by the 
  2.32  commissioner with the renewal fee required in section 148C.12, 
  2.33  subdivision 3, and the commissioner may renew the temporary 
  2.34  permit if the trainee meets the requirements of this 
  2.35  subdivision.  A trainee may renew a practice permit no more than 
  2.36  five times. 
  3.1      (f) A temporary permit expires if not renewed, upon a 
  3.2   change of employment of the trainee or upon a change in 
  3.3   supervision, or upon the granting or denial by the commissioner 
  3.4   of a license.  
  3.5      Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  3.6   148C.075, subdivision 2, is amended to read: 
  3.7      Subd. 2.  [CONTINUING EDUCATION REQUIREMENTS FOR LICENSEE'S 
  3.8   FIRST FOUR YEARS.] A licensee must, as part of meeting the clock 
  3.9   hour requirement of this section, obtain and document 18 hours 
  3.10  of cultural diversity training within the first four years after 
  3.11  the licensee's initial license effective date according to the 
  3.12  commissioner's reporting schedule.  Cultural diversity training 
  3.13  includes gaining knowledge in areas described in Minnesota 
  3.14  Rules, part 4747.1100, subpart 2, and in identified population 
  3.15  groups defined in Minnesota Rules, part 4747.0030, subpart 20. 
  3.16     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  3.17  148C.075, is amended by adding a subdivision to read: 
  3.18     Subd. 5.  [COURSE WORK.] A licensee may obtain a maximum of 
  3.19  six clock hours in any two-year continuing education period for 
  3.20  teaching course work in an accredited school or educational 
  3.21  program that meets the requirements of section 148C.04, 
  3.22  subdivision 5a.  A licensee may earn a maximum of two clock 
  3.23  hours as preparation time for each clock hour of presentation 
  3.24  time.  Clock hours may be claimed only once per course in any 
  3.25  two-year continuing education period.  The licensee shall 
  3.26  maintain a course schedule or brochure for audit. 
  3.27     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  3.28  148C.11, subdivision 6, is amended to read: 
  3.29     Subd. 6.  [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY, 
  3.30  AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period 
  3.31  between July 1, 2003, and January 1, 2006, the commissioner 
  3.32  shall grant a license to an individual who is employed as an 
  3.33  alcohol and drug counselor at a Minnesota school district or 
  3.34  hospital, or a city, county, or state agency in Minnesota, if 
  3.35  the individual:  
  3.36     (1) was employed as an alcohol and drug counselor at 
  4.1   a school district, a hospital, or a city, county, or state 
  4.2   agency before August 1, 2002; 
  4.3      (2) has 8,000 hours of alcohol and drug counselor work 
  4.4   experience; 
  4.5      (3) has completed a written case presentation and 
  4.6   satisfactorily passed an oral examination established by the 
  4.7   commissioner; 
  4.8      (4) has satisfactorily passed a written examination as 
  4.9   established by the commissioner; and 
  4.10     (5) meets the requirements in section 148C.0351. 
  4.11     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  4.12  148C.11, is amended by adding a subdivision to read: 
  4.13     Subd. 7.  [SCHOOL DISTRICT ALCOHOL AND DRUG 
  4.14  COUNSELORS.] Effective January 1, 2006, school districts 
  4.15  employing alcohol and drug counselors shall be required to 
  4.16  employ licensed alcohol and drug counselors.  An alcohol or drug 
  4.17  counselor employed by a school district must be licensed as an 
  4.18  alcohol and drug counselor in accordance with this chapter. 
  4.19     Sec. 6.  Minnesota Statutes 2003 Supplement, section 
  4.20  148C.12, subdivision 2, is amended to read: 
  4.21     Subd. 2.  [BIENNIAL RENEWAL FEE.] The license renewal fee 
  4.22  is $295.  If the commissioner changes establishes the renewal 
  4.23  schedule and the expiration date is less than two years, the fee 
  4.24  must be prorated.  
  4.25     Sec. 7.  Minnesota Statutes 2003 Supplement, section 
  4.26  148C.12, subdivision 3, is amended to read: 
  4.27     Subd. 3.  [TEMPORARY PERMIT FEE.] The initial fee for 
  4.28  applicants under section 148C.04, subdivision 6, paragraph (a), 
  4.29  is $100.  The fee for annual renewal of a temporary permit is 
  4.30  $100, but when the first expiration date occurs in less than one 
  4.31  year, the fee must be prorated.