HF 2043

1st Committee Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/22/2009 12:38 p.m.

1.1A bill for an act 1.2relating to health-related licensing boards; establishing licensure for professional 1.3clinical counselors; modifying the definitions of mental health professionals; 1.4amending Minnesota Statutes 2006, sections 148B.50, subdivision 5; 148B.53, 1.5subdivision 1; 245.462, subdivision 18; 245.470, subdivision 1; 245.4871, 1.6subdivision 27; 245.488, subdivision 1; 256B.0623, subdivision 5; 256B.0624, 1.7subdivisions 5, 8; 256B.0943, subdivision 1; 256J.08, subdivision 73a; proposing 1.8coding for new law in Minnesota Statutes, chapter 148B. 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10    Section 1. Minnesota Statutes 2006, section 148B.50, subdivision 5, is amended to read: 1.11    Subd. 5. Scope of practice. (a) The scope of practice of a licensed professional 1.12counselor includes, but is not limited to: 1.13(1) the implementation of professional counseling treatment interventions including 1.14evaluation, treatment planning, assessment, and referral; 1.15(2) direct counseling services to individuals, groups, and families; 1.16(3) counseling strategies that effectively respond to multicultural populations; 1.17(4) knowledge of relevant laws and ethics impacting practice; 1.18(5) crisis intervention; 1.19(6) consultation; and 1.20(7) program evaluation and applied research. 1.21(b) For the purposes of paragraph (a), clause (1), "professional counseling treatment 1.22interventions" means the application of cognitive, affective, behavioral, systemic, and 1.23community counseling strategies which include principles of human development, 1.24wellness, and pathology. Counselors provide mental health services for clients whose 1.25symptoms significantly interfere with daily functioning and would most likely not improve 1.26in a reasonable time period without intervention. 2.1(c) Licensed professional counseling does not include activities or services 2.2undertaken by persons listed in section 148B.592, or the performance of any act that 2.3licensed professional counselors are not educated and trained to perform. 2.4(d) In order to evaluate and treat mental illness, a licensed professional counselor 2.5must complete the postgraduate training specified in section 245.462, subdivision 18, 2.6clause (6), or 245.4871, subdivision 27, clause (6). 2.7    Sec. 2. Minnesota Statutes 2006, section 148B.53, subdivision 1, is amended to read: 2.8    Subdivision 1. General requirements. (a) To be licensed as a licensed professional 2.9counselor (LPC), an applicant must provide evidence satisfactory to the board that the 2.10applicant: 2.11(1) is at least 18 years of age; 2.12(2) is of good moral character; 2.13(3) has completed a master's or doctoral degree program in counseling or a related 2.14field, as determined by the board based on the criteria in paragraph (b), that includes a 2.15minimum of 48 semester hours or 72 quarter hours and a supervised field experience of 2.16not fewer than 700 hours that is counseling in nature; 2.17(4) has submitted to the board a plan for supervision during the first 2,000 hours 2.18of professional practice or has submitted proof of supervised professional practice that 2.19is acceptable to the board; and 2.20(5) has demonstrated competence in professional counseling by passing the National 2.21Counseling Exam (NCE) administered by the National Board for Certified Counselors, 2.22Inc. (NBCC) or an equivalent national examination as determined by the board, and 2.23ethical, oral, and situational examinations if prescribed by the board. 2.24(b) The degree described in paragraph (a), clause (3), must be from a counseling 2.25program recognized by the Council for Accreditation of Counseling and Related Education 2.26Programs (CACREP) or from an institution of higher education that is accredited by 2.27a regional accrediting organization recognized by the Council for Higher Education 2.28Accreditation (CHEA). Except as provided in paragraph (e), Specific academic course 2.29content and training must include course work in each of the following subject areas: 2.30(1) the helping relationship, including counseling theory and practice; 2.31(2) human growth and development; 2.32(3) lifestyle and career development; 2.33(4) group dynamics, processes, counseling, and consulting; 2.34(5) assessment and appraisal; 2.35(6) social and cultural foundations, including multicultural issues; 3.1(7) principles of etiology, treatment planning, and prevention of mental and 3.2emotional disorders and dysfunctional behavior; 3.3(8) family counseling and therapy; 3.4(9) research and evaluation; and 3.5(10) professional counseling orientation and ethics. 3.6(c) To be licensed as a professional counselor, a psychological practitioner licensed 3.7under section 148.908 need only show evidence of licensure under that section and is not 3.8required to comply with paragraph (a), clauses (1) to (3) and (5), or paragraph (b). 3.9(d) To be licensed as a professional counselor, a Minnesota licensed psychologist 3.10need only show evidence of licensure from the Minnesota Board of Psychology and is not 3.11required to comply with paragraph (a) or (b). 3.12(e) If the degree described in paragraph (a), clause (3), is from a counseling program 3.13recognized by the Council for Accreditation of Counseling and Related Education 3.14Programs (CACREP), the applicant is deemed to have met the specific course work 3.15requirements of paragraph (b). 3.16    Sec. 3. new text begin [148B.5301] REQUIREMENTS FOR LICENSURE AS A LICENSED new text end 3.17 new text begin PROFESSIONAL CLINICAL COUNSELOR. new text end 3.18     new text begin Subdivision 1. new text end new text begin General requirements. new text end new text begin (a) To be licensed as a licensed professional new text end 3.19 new text begin clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board new text end 3.20 new text begin that the applicant: new text end 3.21     new text begin (1) is at least 18 years of age; new text end 3.22     new text begin (2) is of good moral character; new text end 3.23     new text begin (3) has completed a master's or doctoral degree program in counseling or a new text end 3.24 new text begin related field, as determined by the board based on the criteria in items (i) to (x), that new text end 3.25 new text begin includes a minimum of 48 semester hours or 72 quarter hours and a supervised field new text end 3.26 new text begin experience in counseling that is not fewer than 700 hours. The degree must be from new text end 3.27 new text begin a counseling program recognized by the Council for Accreditation of Counseling and new text end 3.28 new text begin Related Education Programs (CACREP) or from an institution of higher education that is new text end 3.29 new text begin accredited by a regional accrediting organization recognized by the Council for Higher new text end 3.30 new text begin Education Accreditation (CHEA). Specific academic course content and training must new text end 3.31 new text begin include course work in each of the following subject areas: new text end 3.32     new text begin (i) helping relationship, including counseling theory and practice; new text end 3.33     new text begin (ii) human growth and development; new text end 3.34     new text begin (iii) lifestyle and career development; new text end 3.35     new text begin (iv) group dynamics, processes, counseling, and consulting; new text end 4.1     new text begin (v) assessment and appraisal; new text end 4.2     new text begin (vi) social and cultural foundations, including multicultural issues; new text end 4.3     new text begin (vii) principles of etiology, treatment planning, and prevention of mental and new text end 4.4 new text begin emotional disorders and dysfunctional behavior; new text end 4.5     new text begin (viii) family counseling and therapy; new text end 4.6     new text begin (ix) research and evaluation; and new text end 4.7     new text begin (x) professional counseling orientation and ethics; new text end 4.8     new text begin (4) has demonstrated competence in professional counseling by passing the National new text end 4.9 new text begin Clinical Mental Health Counseling Examination (NCMHCE), administered by the new text end 4.10 new text begin National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational new text end 4.11 new text begin examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have new text end 4.12 new text begin taken and passed the National Counselor Examination (NCE) administered by the NBCC, new text end 4.13 new text begin or another board-approved examination, need only take and pass the Examination of new text end 4.14 new text begin Clinical Counseling Practice (ECCP) administered by the NBCC; new text end 4.15     new text begin (5) has earned graduate-level semester credits or quarter-credit equivalents in the new text end 4.16 new text begin following clinical content areas as follows: new text end 4.17     new text begin (i) six credits in diagnostic assessment for child or adult mental disorders; normative new text end 4.18 new text begin development; and psychopathology, including developmental psychopathology; new text end 4.19     new text begin (ii) three credits in clinical treatment planning, with measurable goals; new text end 4.20     new text begin (iii) six credits in clinical intervention methods informed by research evidence and new text end 4.21 new text begin community standards of practice; new text end 4.22     new text begin (iv) three credits in evaluation methodologies regarding the effectiveness of new text end 4.23 new text begin interventions; new text end 4.24     new text begin (v) three credits in professional ethics applied to clinical practice; and new text end 4.25     new text begin (vi) three credits in cultural diversity; and new text end 4.26     new text begin (6) has demonstrated successful completion of 4,000 hours of supervised, new text end 4.27 new text begin postmaster's degree professional practice in the delivery of clinical services in the new text end 4.28 new text begin diagnosis and treatment of child and adult mental illnesses and disorders, conducted new text end 4.29 new text begin according to subdivision 2. new text end 4.30     new text begin (b) If course work in paragraph (a) was not completed as part of the degree program new text end 4.31 new text begin required by paragraph (a), clause (3), the course work must be taken and passed for credit, new text end 4.32 new text begin and must be earned from a counseling program or institution that meets the requirements new text end 4.33 new text begin of paragraph (a), clause (3). new text end 4.34     new text begin Subd. 2. new text end new text begin Supervision. new text end new text begin (a) To qualify as a LPCC, an applicant must have completed new text end 4.35 new text begin 4,000 hours of postmaster's degree supervised professional practice in the delivery of new text end 4.36 new text begin clinical services in the diagnosis and treatment of mental illnesses and disorders in new text end 5.1 new text begin both children and adults. The supervised practice shall be conducted according to the new text end 5.2 new text begin requirements in paragraphs (b) to (e). new text end 5.3     new text begin (b) The supervision must have been received under a contract that defines clinical new text end 5.4 new text begin practice and supervision from a mental health professional as defined in section 245.462, new text end 5.5 new text begin subdivision 18, clauses (1) to (6), or section 245.4871, subdivision 27, clauses (1) to (6), new text end 5.6 new text begin or by a board-approved supervisor, who has at least two years of postlicensure experience new text end 5.7 new text begin in the delivery of clinical services in the diagnosis and treatment of mental illnesses and new text end 5.8 new text begin disorders. new text end 5.9     new text begin (c) The supervision must be obtained at the rate of two hours of supervision per 40 new text end 5.10 new text begin hours of professional practice. The supervision must be evenly distributed over the course new text end 5.11 new text begin of the supervised professional practice. At least 75 percent of the required supervision new text end 5.12 new text begin hours must be received in person. The remaining 25 percent of the required hours may be new text end 5.13 new text begin received by telephone or by audio or audiovisual electronic device. At least 50 percent of new text end 5.14 new text begin the required hours of supervision must be received on an individual basis. The remaining new text end 5.15 new text begin 50 percent may be received in a group setting. new text end 5.16     new text begin (d) The supervised practice must include at least 1,800 hours of clinical client new text end 5.17 new text begin contact. new text end 5.18     new text begin (e) The supervised practice must be clinical practice. Supervision includes the new text end 5.19 new text begin observation by the supervisor of the successful application of professional counseling new text end 5.20 new text begin knowledge, skills, and values in the differential diagnosis and treatment of psychosocial new text end 5.21 new text begin function, disability, or impairment, including addictions and emotional, mental, and new text end 5.22 new text begin behavioral disorders. new text end 5.23     new text begin Subd. 3. new text end new text begin Conversion from licensed professional counselor to licensed clinical new text end 5.24 new text begin counselor. new text end new text begin (a) Until August 1, 2011, an individual currently licensed in the state of new text end 5.25 new text begin Minnesota as a licensed professional counselor may convert to a LPCC by providing new text end 5.26 new text begin evidence satisfactory to the board that the applicant has met the following requirements: new text end 5.27     new text begin (1) is at least 18 years of age; new text end 5.28     new text begin (2) is of good moral character; new text end 5.29     new text begin (3) has a license that is active and in good standing; new text end 5.30     new text begin (4) has no complaints pending, uncompleted disciplinary orders, or corrective new text end 5.31 new text begin action agreements; new text end 5.32     new text begin (5) has completed a master's or doctoral degree program in counseling or a related new text end 5.33 new text begin field, as determined by the board, and whose degree was from a counseling program new text end 5.34 new text begin recognized by CACREP or from an institution of higher education that is accredited by a new text end 5.35 new text begin regional accrediting organization recognized by CHEA; new text end 6.1     new text begin (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in new text end 6.2 new text begin clinical course work which includes content in the following clinical areas: new text end 6.3     new text begin (i) diagnostic assessment for child and adult mental disorders; normative new text end 6.4 new text begin development; and psychopathology, including developmental psychopathology; new text end 6.5     new text begin (ii) clinical treatment planning, with measurable goals; new text end 6.6     new text begin (iii) clinical intervention methods informed by research evidence and community new text end 6.7 new text begin standards of practice; new text end 6.8     new text begin (iv) evaluation methodologies regarding the effectiveness of interventions; new text end 6.9     new text begin (v) professional ethics applied to clinical practice; and new text end 6.10     new text begin (vi) cultural diversity; new text end 6.11     new text begin (7) has demonstrated, to the satisfaction of the board, successful completion of new text end 6.12 new text begin 4,000 hours of supervised, postmaster's degree professional practice in the delivery new text end 6.13 new text begin of clinical services in the diagnosis and treatment of child and adult mental illnesses new text end 6.14 new text begin and disorders; and new text end 6.15     new text begin (8) has paid the LPCC application and licensure fees required in section 148B.53, new text end 6.16 new text begin subdivision 3. new text end 6.17     new text begin (b) If the course work in paragraph (a) was not completed as part of the degree new text end 6.18 new text begin program required by paragraph (a), clause (5), the course work must be taken and passed new text end 6.19 new text begin for credit, and must be earned from a counseling program or institution that meets the new text end 6.20 new text begin requirements in paragraph (a), clause (5). new text end 6.21     new text begin (c) This subdivision expires August 1, 2011. new text end 6.22     new text begin Subd. 4. new text end new text begin Conversion to licensed professional clinical counselor after August 1, new text end 6.23 new text begin 2011. new text end new text begin An individual licensed in the state of Minnesota as a licensed professional counselor new text end 6.24 new text begin may convert to a LPCC by providing evidence satisfactory to the board that the applicant new text end 6.25 new text begin has met the requirements of subdivisions 2 and 3, subject to the following: new text end 6.26     new text begin (1) the individual's license must be active and in good standing; new text end 6.27     new text begin (2) the individual must not have any complaints pending, uncompleted disciplinary new text end 6.28 new text begin orders, or corrective action agreements; and new text end 6.29     new text begin (3) the individual has paid the LPCC application and licensure fees required in new text end 6.30 new text begin section 148B.53, subdivision 3. new text end 6.31     new text begin Subd. 5. new text end new text begin Scope of practice. new text end new text begin The scope of practice of a LPCC shall include all new text end 6.32 new text begin those services provided by mental health professionals as defined in section 245.462, new text end 6.33 new text begin subdivision 18, and section 245.4871, subdivision 27. new text end 6.34     new text begin Subd. 6. new text end new text begin Jurisdiction. new text end new text begin LPCC's are subject to the board's statutes and rules to the new text end 6.35 new text begin same extent as licensed professional counselors. new text end 7.1    Sec. 4. Minnesota Statutes 2006, section 245.462, subdivision 18, is amended to read: 7.2    Subd. 18. Mental health professional. "Mental health professional" means a 7.3person providing clinical services in the treatment of mental illness who is qualified in at 7.4least one of the following ways: 7.5(1) in psychiatric nursing: a registered nurse who is licensed under sections 148.171 7.6to 148.285; and: 7.7(i) who is certified as a clinical specialist or as a nurse practitioner in adult or family 7.8psychiatric and mental health nursing by a national nurse certification organization; or 7.9(ii) who has a master's degree in nursing or one of the behavioral sciences or related 7.10fields from an accredited college or university or its equivalent, with at least 4,000 hours 7.11of post-master's supervised experience in the delivery of clinical services in the treatment 7.12of mental illness; 7.13(2) in clinical social work: a person licensed as an independent clinical social worker 7.14under chapter 148D, or a person with a master's degree in social work from an accredited 7.15college or university, with at least 4,000 hours of post-master's supervised experience in 7.16the delivery of clinical services in the treatment of mental illness; 7.17(3) in psychology: an individual licensed by the Board of Psychology under sections 7.18148.88 to 148.98 who has stated to the Board of Psychology competencies in the diagnosis 7.19and treatment of mental illness; 7.20(4) in psychiatry: a physician licensed under chapter 147 and certified by the 7.21American Board of Psychiatry and Neurology or eligible for board certification in 7.22psychiatry; 7.23(5) in marriage and family therapy: the mental health professional must be a 7.24marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least 7.25two years of post-master's supervised experience in the delivery of clinical services in 7.26the treatment of mental illness; or 7.27(6) new text begin in licensed professional clinical counseling, the mental health professional must new text end 7.28 new text begin be a licensed professional clinical counselor under section 148B.5301; or new text end 7.29 new text begin (7) new text end in allied fields: a person with a master's degree from an accredited college or 7.30university in one of the behavioral sciences or related fields, with at least 4,000 hours of 7.31post-master's supervised experience in the delivery of clinical services in the treatment of 7.32mental illness. 7.33    Sec. 5. Minnesota Statutes 2006, section 245.470, subdivision 1, is amended to read: 7.34    Subdivision 1. Availability of outpatient services. (a) County boards must provide 7.35or contract for enough outpatient services within the county to meet the needs of adults 8.1with mental illness residing in the county. Services may be provided directly by the 8.2county through county-operated mental health centers or mental health clinics approved 8.3by the commissioner under section 245.69, subdivision 2; by contract with privately 8.4operated mental health centers or mental health clinics approved by the commissioner 8.5under section 245.69, subdivision 2; by contract with hospital mental health outpatient 8.6programs certified by the Joint Commission on Accreditation of Hospital Organizations; 8.7or by contract with a licensed mental health professional as defined in section 245.462, 8.8subdivision 18 , clauses (1) to (4) new text begin (6) new text end . Clients may be required to pay a fee according to 8.9section 245.481. Outpatient services include: 8.10(1) conducting diagnostic assessments; 8.11(2) conducting psychological testing; 8.12(3) developing or modifying individual treatment plans; 8.13(4) making referrals and recommending placements as appropriate; 8.14(5) treating an adult's mental health needs through therapy; 8.15(6) prescribing and managing medication and evaluating the effectiveness of 8.16prescribed medication; and 8.17(7) preventing placement in settings that are more intensive, costly, or restrictive 8.18than necessary and appropriate to meet client needs. 8.19(b) County boards may request a waiver allowing outpatient services to be provided 8.20in a nearby trade area if it is determined that the client can best be served outside the 8.21county. 8.22    Sec. 6. Minnesota Statutes 2006, section 245.4871, subdivision 27, is amended to read: 8.23    Subd. 27. Mental health professional. "Mental health professional" means a 8.24person providing clinical services in the diagnosis and treatment of children's emotional 8.25disorders. A mental health professional must have training and experience in working with 8.26children consistent with the age group to which the mental health professional is assigned. 8.27A mental health professional must be qualified in at least one of the following ways: 8.28(1) in psychiatric nursing, the mental health professional must be a registered nurse 8.29who is licensed under sections 148.171 to 148.285 and who is certified as a clinical 8.30specialist in child and adolescent psychiatric or mental health nursing by a national nurse 8.31certification organization or who has a master's degree in nursing or one of the behavioral 8.32sciences or related fields from an accredited college or university or its equivalent, with 8.33at least 4,000 hours of post-master's supervised experience in the delivery of clinical 8.34services in the treatment of mental illness; 9.1(2) in clinical social work, the mental health professional must be a person licensed 9.2as an independent clinical social worker under chapter 148D, or a person with a master's 9.3degree in social work from an accredited college or university, with at least 4,000 hours of 9.4post-master's supervised experience in the delivery of clinical services in the treatment 9.5of mental disorders; 9.6(3) in psychology, the mental health professional must be an individual licensed by 9.7the board of psychology under sections 148.88 to 148.98 who has stated to the board of 9.8psychology competencies in the diagnosis and treatment of mental disorders; 9.9(4) in psychiatry, the mental health professional must be a physician licensed under 9.10chapter 147 and certified by the American board of psychiatry and neurology or eligible 9.11for board certification in psychiatry; 9.12(5) in marriage and family therapy, the mental health professional must be a 9.13marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least 9.14two years of post-master's supervised experience in the delivery of clinical services in the 9.15treatment of mental disorders or emotional disturbances; or 9.16(6) new text begin in licensed professional clinical counseling, the mental health professional must new text end 9.17 new text begin be a licensed professional clinical counselor under section 148B.5301; or new text end 9.18 new text begin (7) new text end in allied fields, the mental health professional must be a person with a master's 9.19degree from an accredited college or university in one of the behavioral sciences or related 9.20fields, with at least 4,000 hours of post-master's supervised experience in the delivery of 9.21clinical services in the treatment of emotional disturbances. 9.22    Sec. 7. Minnesota Statutes 2006, section 245.488, subdivision 1, is amended to read: 9.23    Subdivision 1. Availability of outpatient services. (a) County boards must provide 9.24or contract for enough outpatient services within the county to meet the needs of each 9.25child with emotional disturbance residing in the county and the child's family. Services 9.26may be provided directly by the county through county-operated mental health centers or 9.27mental health clinics approved by the commissioner under section 245.69, subdivision 2; 9.28by contract with privately operated mental health centers or mental health clinics approved 9.29by the commissioner under section 245.69, subdivision 2; by contract with hospital 9.30mental health outpatient programs certified by the Joint Commission on Accreditation 9.31of Hospital Organizations; or by contract with a licensed mental health professional as 9.32defined in section 245.4871, subdivision 27, clauses (1) to (4) new text begin (6) new text end . A child or a child's 9.33parent may be required to pay a fee based in accordance with section 245.481. Outpatient 9.34services include: 9.35(1) conducting diagnostic assessments; 10.1(2) conducting psychological testing; 10.2(3) developing or modifying individual treatment plans; 10.3(4) making referrals and recommending placements as appropriate; 10.4(5) treating the child's mental health needs through therapy; and 10.5(6) prescribing and managing medication and evaluating the effectiveness of 10.6prescribed medication. 10.7(b) County boards may request a waiver allowing outpatient services to be provided 10.8in a nearby trade area if it is determined that the child requires necessary and appropriate 10.9services that are only available outside the county. 10.10(c) Outpatient services offered by the county board to prevent placement must be at 10.11the level of treatment appropriate to the child's diagnostic assessment. 10.12    Sec. 8. Minnesota Statutes 2006, section 256B.0623, subdivision 5, is amended to read: 10.13    Subd. 5. Qualifications of provider staff. Adult rehabilitative mental health 10.14services must be provided by qualified individual provider staff of a certified provider 10.15entity. Individual provider staff must be qualified under one of the following criteria: 10.16(1) a mental health professional as defined in section 245.462, subdivision 18, 10.17clauses (1) to (5). If the recipient has a current diagnostic assessment by a licensed mental 10.18health professional as defined in section 245.462, subdivision 18, clauses (1) to (5) new text begin (6) new text end , 10.19recommending receipt of adult mental health rehabilitative services, the definition of 10.20mental health professional for purposes of this section includes a person who is qualified 10.21under section 245.462, subdivision 18, clause (6) new text begin (7) new text end , and who holds a current and valid 10.22national certification as a certified rehabilitation counselor or certified psychosocial 10.23rehabilitation practitioner; 10.24(2) a mental health practitioner as defined in section 245.462, subdivision 17. The 10.25mental health practitioner must work under the clinical supervision of a mental health 10.26professional; or 10.27(3) a mental health rehabilitation worker. A mental health rehabilitation worker 10.28means a staff person working under the direction of a mental health practitioner or mental 10.29health professional and under the clinical supervision of a mental health professional in 10.30the implementation of rehabilitative mental health services as identified in the recipient's 10.31individual treatment plan who: 10.32(i) is at least 21 years of age; 10.33(ii) has a high school diploma or equivalent; 10.34(iii) has successfully completed 30 hours of training during the past two years in all 10.35of the following areas: recipient rights, recipient-centered individual treatment planning, 11.1behavioral terminology, mental illness, co-occurring mental illness and substance abuse, 11.2psychotropic medications and side effects, functional assessment, local community 11.3resources, adult vulnerability, recipient confidentiality; and 11.4(iv) meets the qualifications in subitem (A) or (B): 11.5(A) has an associate of arts degree in one of the behavioral sciences or human 11.6services, or is a registered nurse without a bachelor's degree, or who within the previous 11.7ten years has: 11.8(1) three years of personal life experience with serious and persistent mental illness; 11.9(2) three years of life experience as a primary caregiver to an adult with a serious 11.10mental illness or traumatic brain injury; or 11.11(3) 4,000 hours of supervised paid work experience in the delivery of mental health 11.12services to adults with a serious mental illness or traumatic brain injury; or 11.13(B)(1) is fluent in the non-English language or competent in the culture of the 11.14ethnic group to which at least 20 percent of the mental health rehabilitation worker's 11.15clients belong; 11.16(2) receives during the first 2,000 hours of work, monthly documented individual 11.17clinical supervision by a mental health professional; 11.18(3) has 18 hours of documented field supervision by a mental health professional 11.19or practitioner during the first 160 hours of contact work with recipients, and at least six 11.20hours of field supervision quarterly during the following year; 11.21(4) has review and cosignature of charting of recipient contacts during field 11.22supervision by a mental health professional or practitioner; and 11.23(5) has 40 hours of additional continuing education on mental health topics during 11.24the first year of employment. 11.25    Sec. 9. Minnesota Statutes 2006, section 256B.0624, subdivision 5, is amended to read: 11.26    Subd. 5. Mobile crisis intervention staff qualifications. For provision of adult 11.27mental health mobile crisis intervention services, a mobile crisis intervention team is 11.28comprised of at least two mental health professionals as defined in section 245.462, 11.29subdivision 18 , clauses (1) to (5) new text begin (6) new text end , or a combination of at least one mental health 11.30professional and one mental health practitioner as defined in section 245.462, subdivision 11.3117 , with the required mental health crisis training and under the clinical supervision of 11.32a mental health professional on the team. The team must have at least two people with 11.33at least one member providing on-site crisis intervention services when needed. Team 11.34members must be experienced in mental health assessment, crisis intervention techniques, 11.35and clinical decision-making under emergency conditions and have knowledge of local 12.1services and resources. The team must recommend and coordinate the team's services 12.2with appropriate local resources such as the county social services agency, mental health 12.3services, and local law enforcement when necessary. 12.4    Sec. 10. Minnesota Statutes 2006, section 256B.0624, subdivision 8, is amended to 12.5read: 12.6    Subd. 8. Adult crisis stabilization staff qualifications. (a) Adult mental health 12.7crisis stabilization services must be provided by qualified individual staff of a qualified 12.8provider entity. Individual provider staff must have the following qualifications: 12.9(1) be a mental health professional as defined in section 245.462, subdivision 18, 12.10clauses (1) to (5) new text begin (6) new text end ; 12.11(2) be a mental health practitioner as defined in section 245.462, subdivision 17. 12.12The mental health practitioner must work under the clinical supervision of a mental health 12.13professional; or 12.14(3) be a mental health rehabilitation worker who meets the criteria in section 12.15256B.0623, subdivision 5 , clause (3); works under the direction of a mental health 12.16practitioner as defined in section 245.462, subdivision 17, or under direction of a 12.17mental health professional; and works under the clinical supervision of a mental health 12.18professional. 12.19(b) Mental health practitioners and mental health rehabilitation workers must have 12.20completed at least 30 hours of training in crisis intervention and stabilization during 12.21the past two years. 12.22    Sec. 11. Minnesota Statutes 2006, section 256B.0943, subdivision 1, is amended to 12.23read: 12.24    Subdivision 1. Definitions. For purposes of this section, the following terms have 12.25the meanings given them. 12.26(a) "Children's therapeutic services and supports" means the flexible package of 12.27mental health services for children who require varying therapeutic and rehabilitative 12.28levels of intervention. The services are time-limited interventions that are delivered using 12.29various treatment modalities and combinations of services designed to reach treatment 12.30outcomes identified in the individual treatment plan. 12.31(b) "Clinical supervision" means the overall responsibility of the mental health 12.32professional for the control and direction of individualized treatment planning, service 12.33delivery, and treatment review for each client. A mental health professional who is an 12.34enrolled Minnesota health care program provider accepts full professional responsibility 13.1for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work, 13.2and oversees or directs the supervisee's work. 13.3(c) "County board" means the county board of commissioners or board established 13.4under sections 402.01 to 402.10 or 471.59. 13.5(d) "Crisis assistance" has the meaning given in section 245.4871, subdivision 9a. 13.6(e) "Culturally competent provider" means a provider who understands and can 13.7utilize to a client's benefit the client's culture when providing services to the client. A 13.8provider may be culturally competent because the provider is of the same cultural or 13.9ethnic group as the client or the provider has developed the knowledge and skills through 13.10training and experience to provide services to culturally diverse clients. 13.11(f) "Day treatment program" for children means a site-based structured program 13.12consisting of group psychotherapy for more than three individuals and other intensive 13.13therapeutic services provided by a multidisciplinary team, under the clinical supervision 13.14of a mental health professional. 13.15(g) "Diagnostic assessment" has the meaning given in section 245.4871, subdivision 13.1611 . 13.17(h) "Direct service time" means the time that a mental health professional, mental 13.18health practitioner, or mental health behavioral aide spends face-to-face with a client 13.19and the client's family. Direct service time includes time in which the provider obtains 13.20a client's history or provides service components of children's therapeutic services and 13.21supports. Direct service time does not include time doing work before and after providing 13.22direct services, including scheduling, maintaining clinical records, consulting with others 13.23about the client's mental health status, preparing reports, receiving clinical supervision 13.24directly related to the client's psychotherapy session, and revising the client's individual 13.25treatment plan. 13.26(i) "Direction of mental health behavioral aide" means the activities of a mental 13.27health professional or mental health practitioner in guiding the mental health behavioral 13.28aide in providing services to a client. The direction of a mental health behavioral aide 13.29must be based on the client's individualized treatment plan and meet the requirements in 13.30subdivision 6, paragraph (b), clause (5). 13.31(j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 13.3215 . For persons at least age 18 but under age 21, mental illness has the meaning given in 13.33section 245.462, subdivision 20, paragraph (a). 13.34(k) "Individual behavioral plan" means a plan of intervention, treatment, and 13.35services for a child written by a mental health professional or mental health practitioner, 14.1under the clinical supervision of a mental health professional, to guide the work of the 14.2mental health behavioral aide. 14.3(l) "Individual treatment plan" has the meaning given in section 245.4871, 14.4subdivision 21 . 14.5(m) "Mental health professional" means an individual as defined in section 245.4871, 14.6subdivision 27 , clauses (1) to (5) new text begin (6) new text end , or tribal vendor as defined in section 256B.02, 14.7subdivision 7 , paragraph (b). 14.8(n) "Preschool program" means a day program licensed under Minnesota Rules, 14.9parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and 14.10supports provider to provide a structured treatment program to a child who is at least 33 14.11months old but who has not yet attended the first day of kindergarten. 14.12(o) "Skills training" means individual, family, or group training designed to improve 14.13the basic functioning of the child with emotional disturbance and the child's family in the 14.14activities of daily living and community living, and to improve the social functioning of the 14.15child and the child's family in areas important to the child's maintaining or reestablishing 14.16residency in the community. Individual, family, and group skills training must: 14.17(1) consist of activities designed to promote skill development of the child and the 14.18child's family in the use of age-appropriate daily living skills, interpersonal and family 14.19relationships, and leisure and recreational services; 14.20(2) consist of activities that will assist the family's understanding of normal child 14.21development and to use parenting skills that will help the child with emotional disturbance 14.22achieve the goals outlined in the child's individual treatment plan; and 14.23(3) promote family preservation and unification, promote the family's integration 14.24with the community, and reduce the use of unnecessary out-of-home placement or 14.25institutionalization of children with emotional disturbance. 14.26    Sec. 12. Minnesota Statutes 2006, section 256J.08, subdivision 73a, is amended to read: 14.27    Subd. 73a. Qualified professional. (a) For physical illness, injury, or incapacity, 14.28a "qualified professional" means a licensed physician, a physician's assistant, a nurse 14.29practitioner, or a licensed chiropractor. 14.30(b) For developmental disability and intelligence testing, a "qualified professional" 14.31means an individual qualified by training and experience to administer the tests necessary 14.32to make determinations, such as tests of intellectual functioning, assessments of adaptive 14.33behavior, adaptive skills, and developmental functioning. These professionals include 14.34licensed psychologists, certified school psychologists, or certified psychometrists working 14.35under the supervision of a licensed psychologist. 15.1(c) For learning disabilities, a "qualified professional" means a licensed psychologist 15.2or school psychologist with experience determining learning disabilities. 15.3(d) For mental health, a "qualified professional" means a licensed physician or a 15.4qualified mental health professional. A "qualified mental health professional" means: 15.5(1) for children, in psychiatric nursing, a registered nurse who is licensed under 15.6sections 148.171 to 148.285, and who is certified as a clinical specialist in child 15.7and adolescent psychiatric or mental health nursing by a national nurse certification 15.8organization or who has a master's degree in nursing or one of the behavioral sciences 15.9or related fields from an accredited college or university or its equivalent, with at least 15.104,000 hours of post-master's supervised experience in the delivery of clinical services in 15.11the treatment of mental illness; 15.12(2) for adults, in psychiatric nursing, a registered nurse who is licensed under 15.13sections 148.171 to 148.285, and who is certified as a clinical specialist in adult psychiatric 15.14and mental health nursing by a national nurse certification organization or who has a 15.15master's degree in nursing or one of the behavioral sciences or related fields from an 15.16accredited college or university or its equivalent, with at least 4,000 hours of post-master's 15.17supervised experience in the delivery of clinical services in the treatment of mental illness; 15.18(3) in clinical social work, a person licensed as an independent clinical social worker 15.19under chapter 148D, or a person with a master's degree in social work from an accredited 15.20college or university, with at least 4,000 hours of post-master's supervised experience in 15.21the delivery of clinical services in the treatment of mental illness; 15.22(4) in psychology, an individual licensed by the Board of Psychology under sections 15.23148.88 to 148.98, who has stated to the Board of Psychology competencies in the 15.24diagnosis and treatment of mental illness; 15.25(5) in psychiatry, a physician licensed under chapter 147 and certified by the 15.26American Board of Psychiatry and Neurology or eligible for board certification in 15.27psychiatry; and 15.28(6) in marriage and family therapy, the mental health professional must be a 15.29marriage and family therapist licensed under sections 148B.29 to 148B.39, with at least 15.30two years of post-master's supervised experience in the delivery of clinical services in the 15.31treatment of mental illness new text begin ; and new text end 15.32 new text begin (7) in licensed professional clinical counseling, the mental health professional must new text end 15.33 new text begin be a licensed professional clinical counselor under section 148.5301 new text end .