HF 2897

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to health; modifying psychology practice provisions;amending 1.3Minnesota Statutes 2008, sections 148.90, subdivision 1; 148.909; 148.915; 1.4148.916, subdivision 1, by adding a subdivision; Minnesota Statutes 2009 1.5Supplement, section 62M.09, subdivision 3a. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7    Section 1. Minnesota Statutes 2009 Supplement, section 62M.09, subdivision 3a, 1.8is amended to read: 1.9    Subd. 3a. Mental health and substance abuse reviews. (a) A peer of the treating 1.10mental health or substance abuse provider new text begin , a doctoral-level psychologist, new text end or a physician 1.11must review requests for outpatient services in which the utilization review organization 1.12has concluded that a determination not to certify a mental health or substance abuse 1.13service for clinical reasons is appropriate, provided that any final determination not to 1.14certify treatment is made by a psychiatrist certified by the American Board of Psychiatry 1.15and Neurology and appropriately licensed in this state or by a doctoral-level psychologist 1.16licensed in this state if the treating provider is a psychologist. 1.17(b) new text begin Notwithstanding paragraph (a), a doctoral-level psychologist shall not review new text end 1.18 new text begin any request or final determination not to certify a mental health or substance abuse service new text end 1.19 new text begin or treatment if the treating provider is a psychiatrist. new text end 1.20 new text begin (c) new text end Notwithstanding the notification requirements of section 62M.05, a utilization 1.21review organization that has made an initial decision to certify in accordance with the 1.22requirements of section 62M.05 may elect to provide notification of a determination to 1.23continue coverage through facsimile or mail. 2.1(c) new text begin (d) new text end This subdivision does not apply to determinations made in connection with 2.2policies issued by a health plan company that is assessed less than three percent of the 2.3total amount assessed by the Minnesota Comprehensive Health Association. 2.4    Sec. 2. Minnesota Statutes 2008, section 148.90, subdivision 1, is amended to read: 2.5    Subdivision 1. Board of Psychology. (a) The Board of Psychology is created with 2.6the powers and duties described in this section. The board has 11 members who consist of: 2.7(1) three individuals licensed as licensed psychologists who have doctoral degrees 2.8in psychology; 2.9(2) two individuals licensed as licensed psychologists who have master's degrees 2.10in psychology; 2.11(3) two psychologists, not necessarily licensed, one with a doctoral degree in 2.12psychology who represents a doctoral new text begin and one with either a doctoral or master's degree in new text end 2.13 new text begin psychology representing different new text end training program new text begin programs new text end in psychology, and one who 2.14represents a master's degree training program in psychology; 2.15(4) one individual licensed or qualified to be licensed as: (i) through December 31, 2.162010, a licensed psychological practitioner; and (ii) after December 31, 2010, a licensed 2.17psychologist; and 2.18(5) three public members. 2.19(b) After the date on which fewer than 30 percent of the individuals licensed by the 2.20board as licensed psychologists qualify for licensure under section 148.907, subdivision 2.213 , paragraph (b), vacancies filled under paragraph (a), clause (2), shall be filled by an 2.22individual with either a master's or doctoral degree in psychology licensed or qualified 2.23to be licensed as a licensed psychologist. 2.24(c) After the date on which fewer than 15 percent of the individuals licensed by the 2.25board as licensed psychologists qualify for licensure under section 148.907, subdivision 3, 2.26paragraph (b), vacancies under paragraph (a), clause (2), shall be filled by an individual 2.27with either a master's or doctoral degree in psychology licensed or qualified to be licensed 2.28as a licensed psychologist. 2.29    Sec. 3. Minnesota Statutes 2008, section 148.909, is amended to read: 2.30148.909 LICENSURE FOR VOLUNTEER PRACTICE. 2.31     new text begin Subdivision 1. new text end new text begin Application. new text end new text begin Retired providers who are or were licensed, certified, new text end 2.32 new text begin or registered to practice psychology in any jurisdiction may apply to new text end the board, at 2.33its discretion, may grant new text begin for new text end licensure for volunteer new text begin to new text end practice to an applicant who: new text begin new text end 3.1 new text begin psychology as a licensed psychologist-volunteer provided the applicant meets the new text end 3.2 new text begin following requirements and the requirements in subdivision 2: new text end 3.3(1) is completely retired from the practice of psychology new text begin submits to the board a new text end 3.4 new text begin notarized application for licensure as a licensed psychologist-volunteer new text end ; 3.5(2) has no unresolved disciplinary action or complaints pending in the state of 3.6Minnesota or any other jurisdiction new text begin is of good moral character and has no complaints or new text end 3.7 new text begin corrective or disciplinary action pending in any jurisdiction new text end ; and 3.8(3) has held a license, certificate, or registration to practice psychology in any 3.9jurisdiction. new text begin is not currently licensed by the board, passes the most recent version of new text end 3.10 new text begin the professional responsibility examination administered by the board, and pays the fee new text end 3.11 new text begin associated with sitting for the examination; and new text end 3.12 new text begin (4) pays the nonrefundable fee for licensure established in subdivision 8. new text end 3.13     new text begin Subd. 2. new text end new text begin Education requirements. new text end new text begin An applicant who was formerly licensed by the new text end 3.14 new text begin board must meet the education, training, and experience requirements that were in place at new text end 3.15 new text begin the time of the original license. An applicant who was not formerly licensed by the board new text end 3.16 new text begin must meet the current requirements for licensure. new text end 3.17     new text begin Subd. 3. new text end new text begin Pro bono service. new text end new text begin A provider licensed under this section shall only provide new text end 3.18 new text begin psychological services on a pro bono basis and shall not receive a commission, rebate, or new text end 3.19 new text begin remuneration, directly or indirectly, except that a provider may accept reimbursement for new text end 3.20 new text begin reasonable expenses incurred due to the provision of volunteer psychological services. new text end 3.21     new text begin Subd. 4. new text end new text begin Documentation of status. new text end new text begin A provider licensed under this section shall new text end 3.22 new text begin receive a license documenting that they are licensed for volunteer practice. new text end 3.23     new text begin Subd. 5. new text end new text begin Designation of license. new text end new text begin In addition to the descriptions allowed in section new text end 3.24 new text begin 148.96, providers granted licensure under this section shall use the designation "LP-V" to new text end 3.25 new text begin a designated licensed psychologist-volunteer. new text end 3.26     new text begin Subd. 6. new text end new text begin Return to previous licensure status. new text end new text begin Providers licensed under this section new text end 3.27 new text begin who request to return to their previous licensure status may do so upon submission of a new text end 3.28 new text begin written application provided by the board and payment of the applicable licensure fee. new text end 3.29 new text begin Providers may not concurrently hold a license as a licensed psychologist and a license as a new text end 3.30 new text begin licensed psychologist-volunteer. new text end 3.31     new text begin Subd. 7. new text end new text begin Continuing education requirements. new text end new text begin A provider licensed under this new text end 3.32 new text begin section is subject to the same continuing education requirements as a licensed psychologist new text end 3.33 new text begin under section 148.911. new text end 3.34     new text begin Subd. 8. new text end new text begin Fees. new text end new text begin The fee for licensure as a licensed psychologist-volunteer shall be 50 new text end 3.35 new text begin percent of the fee for licensure as a licensed psychologist. A provider licensed under this new text end 3.36 new text begin section shall not be subject to special board fees. new text end 4.1     new text begin Subd. 9. new text end new text begin Violation. new text end new text begin A provider licensed under this section is subject to all of the new text end 4.2 new text begin provisions in the Minnesota Psychology Practice Act, violation of which is grounds for new text end 4.3 new text begin disciplinary action according to section 148.941. new text end 4.4    Sec. 4. Minnesota Statutes 2008, section 148.915, is amended to read: 4.5148.915 RECIPROCITY. 4.6 new text begin (a) new text end The board may grant a license to a diplomate of the American Board of 4.7Professional Psychology or to any person who at the time of application is licensed, 4.8certified, or registered to practice psychology by a board of another state and who 4.9meets the licensure requirements under section 148.907, subdivision 2. The board, at 4.10its discretion, may elect not to require the examination in psychology under section 4.11148.907, subdivision 2, clause (1), if the person was licensed in another state before 4.12the examination was required for licensure in that state. An applicant seeking licensure 4.13under this section shall pass a professional responsibility examination on the practice 4.14of psychology and any other examinations as required by the board. new text begin an applicant who new text end 4.15 new text begin meets the following requirements: new text end 4.16 new text begin (1) submits to the board a notarized application for licensure as a licensed new text end 4.17 new text begin psychologist by reciprocity; new text end 4.18 new text begin (2) at the time of application, is licensed, certified, or registered to practice new text end 4.19 new text begin psychology in another state or jurisdiction, and has been for at least five consecutive years new text end 4.20 new text begin immediately preceding the date of application; new text end 4.21 new text begin (3) has a doctoral degree in psychology, which formed the basis for current licensure new text end 4.22 new text begin in another state or jurisdiction; new text end 4.23 new text begin (4) is of good moral character and has no pending complaints or active disciplinary new text end 4.24 new text begin or corrective actions in any jurisdiction; and new text end 4.25 new text begin (5) passes the Professional Responsibility Examination administered by the board new text end 4.26 new text begin and pays the fee associated with sitting for the examination. new text end 4.27 new text begin (b) If by the laws of any state or the rulings or decisions of the appropriate officers or new text end 4.28 new text begin boards thereof, any burden, obligation, requirement, disqualification, or disability is put new text end 4.29 new text begin upon licensed psychologists licensed and in good standing in this state, affecting the right new text end 4.30 new text begin of these licensed psychologists to be registered or licensed in that state, then the same or new text end 4.31 new text begin like burden, obligation, requirement, disqualification, or disability may be put upon the new text end 4.32 new text begin licensure in this state of licensed psychologists licensed in that state. new text end 4.33    Sec. 5. Minnesota Statutes 2008, section 148.916, subdivision 1, is amended to read: 5.1    Subdivision 1. Generally. If a nonresident of the state of Minnesota, who is not 5.2seeking licensure in this state, and who has been issued a license, certificate, or registration 5.3by another jurisdiction to practice psychology at the doctoral level, wishes to practice in 5.4Minnesota for more than seven calendar days, the person shall apply to the board for guest 5.5licensure, provided that the psychologist's practice in Minnesota is limited to no more than 5.630 days new text begin nine consecutive months new text end per calendar year. Application under this section shall be 5.7made no less than 30 days prior to the expected date of practice in Minnesota and shall be 5.8subject to approval by the board or its designee. The board shall charge a nonrefundable 5.9fee for guest licensure. The board shall adopt rules to implement this section. 5.10    Sec. 6. Minnesota Statutes 2008, section 148.916, is amended by adding a subdivision 5.11to read: 5.12     new text begin Subd. 1a. new text end new text begin Applicants for licensure. new text end new text begin (a) An applicant who is seeking licensure new text end 5.13 new text begin in this state, and who, at the time of application, is licensed, certified, or registered to new text end 5.14 new text begin practice psychology in another jurisdiction at the doctoral level may apply to the board for new text end 5.15 new text begin guest licensure in order to begin practicing psychology in this state while the applicant's new text end 5.16 new text begin application is being processed if the applicant is of good moral character and has no new text end 5.17 new text begin complaints or corrective or disciplinary action pending in any jurisdiction. Application new text end 5.18 new text begin under this section shall be made no less than 30 days prior to the expected date of practice new text end 5.19 new text begin in this state, and must be made concurrently or after submission of an application for new text end 5.20 new text begin licensure as a licensed psychologist. Applications under this section are subject to new text end 5.21 new text begin approval by the board or its designee. new text end 5.22 new text begin (b) The board shall charge a nonrefundable fee for guest licensure under this new text end 5.23 new text begin subdivision. new text end 5.24 new text begin (c) A guest license issued under this subdivision shall be valid for one year from the new text end 5.25 new text begin date of issuance, or until the board has either issued a license or has denied the applicant's new text end 5.26 new text begin application for licensure, whichever is earlier. Guest licenses issued under this section may new text end 5.27 new text begin be renewed annually until the board has denied the applicant's application for licensure. new text end