1.1A bill for an act1.2relating to health occupations; modifying a mental health substance abuse 1.3review provision; modifying licensure requirements for psychologists; amending 1.4Minnesota Statutes 2008, sections 148.90, subdivision 1; 148.909; 148.915; 1.5148.916, subdivision 1, by adding a subdivision; Minnesota Statutes 2009 1.6Supplement, section 62M.09, subdivision 3a.1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.8    Section 1. Minnesota Statutes 2009 Supplement, section 62M.09, subdivision 3a, 1.9is amended to read:1.10    Subd. 3a. Mental health and substance abuse reviews. (a) A peer of the treating 1.11mental health or substance abuse provider, a doctoral-level psychologist, or a physician 1.12must review requests for outpatient services in which the utilization review organization 1.13has concluded that a determination not to certify a mental health or substance abuse 1.14service for clinical reasons is appropriate, provided that any final determination not to 1.15certify treatment is made by a psychiatrist certified by the American Board of Psychiatry 1.16and Neurology and appropriately licensed in this state or by a doctoral-level psychologist 1.17licensed in this state if the treating provider is a psychologist.1.18(b) Notwithstanding paragraph (a), a doctoral-level psychologist shall not review 1.19any request or final determination not to certify a mental health or substance abuse service 1.20or treatment if the treating provider is a psychiatrist.1.21(c) Notwithstanding the notification requirements of section 
         62M.05, a utilization 1.22review organization that has made an initial decision to certify in accordance with the 1.23requirements of section 
         62M.05 may elect to provide notification of a determination to 1.24continue coverage through facsimile or mail.2.1(c) (d) 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 and one with either a doctoral or master's degree in 2.13psychology representing different training program programs 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; and2.18(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    Subdivision 1.Application.Retired providers who are or were licensed, certified, 2.32or registered to practice psychology in any jurisdiction may apply to the board, at 2.33its discretion, may grant for licensure for volunteer to practice to an applicant who:3.1psychology as a licensed psychologist-volunteer provided the applicant meets the 3.2following requirements and the requirements in subdivision 2:3.3(1) is completely retired from the practice of psychology submits to the board a 3.4notarized application for licensure as a licensed psychologist-volunteer;3.5(2) has no unresolved disciplinary action or complaints pending in the state of 3.6Minnesota or any other jurisdiction is of good moral character and has no complaints or 3.7corrective or disciplinary action pending in any jurisdiction; and3.8(3) has held a license, certificate, or registration to practice psychology in any 3.9jurisdiction if not currently licensed by the board, passes the most recent version of the 3.10professional responsibility examination administered by the board and pays the fee 3.11associated with sitting for the examination; and3.12(4) pays the nonrefundable fee for licensure established in subdivision 8.3.13    Subd. 2.Education requirements.An applicant who was formerly licensed by the 3.14board must meet the education, training, and experience requirements that were in place at 3.15the time of the original license. An applicant who was not formerly licensed by the board 3.16must meet the current requirements for licensure.3.17    Subd. 3.Pro bono service.A provider licensed under this section shall only provide 3.18psychological services on a pro bono basis and shall not receive a commission, rebate, or 3.19remuneration, directly or indirectly, except that a provider may accept reimbursement for 3.20reasonable expenses incurred due to the provision of volunteer psychological services.3.21    Subd. 4.Documentation of status.A provider licensed under this section shall 3.22receive a license documenting that they are licensed for volunteer practice.3.23    Subd. 5.Designation of license.In addition to the descriptions allowed in section 3.24148.96, providers granted licensure under this section shall use the designation "LP-V" to 3.25designated licensed psychologist-volunteer.3.26    Subd. 6.Return to previous licensure status.Providers licensed under this section 3.27who request to return to their previous licensure status may do so upon submission of a 3.28written application provided by the board and payment of the applicable licensure fee. 3.29Providers may not concurrently hold a license as a licensed psychologist and a license as a 3.30licensed psychologist-volunteer.3.31    Subd. 7.Continuing education requirements.A provider licensed under this 3.32section is subject to the same continuing education requirements as a licensed psychologist 3.33under section 148.911.3.34    Subd. 8.Fees.The fee for licensure as a licensed psychologist-volunteer shall be 50 3.35percent of the fee for licensure as a licensed psychologist. A provider licensed under this 3.36section shall not be subject to special board fees.4.1    Subd. 9.Violation.A provider licensed under this section is subject to all of the 4.2provisions in the Minnesota Psychology Practice Act, violation of which is grounds for 4.3disciplinary action in accordance with section 148.941.4.4    Sec. 4. Minnesota Statutes 2008, section 148.915, is amended to read:4.5148.915 RECIPROCITY.4.6(a) 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. an applicant who 4.15meets the following requirements:4.16(1) submits to the board a notarized application for licensure as a licensed 4.17psychologist by reciprocity;4.18(2) at the time of application, is licensed, certified, or registered to practice 4.19psychology in another state or jurisdiction, and has been for at least five consecutive years 4.20immediately preceding the date of application;4.21(3) has a doctoral degree in psychology, which formed the basis for current licensure 4.22in another state or jurisdiction;4.23(4) is of good moral character and has no pending complaints or active disciplinary 4.24or corrective actions in any jurisdiction; and4.25(5) passes the Professional Responsibility Examination administered by the board 4.26and pays the fee associated with sitting for the examination.4.27(b) If by the laws of any state or the rulings or decisions of the appropriate officers or 4.28boards thereof, any burden, obligation, requirement, disqualification, or disability is put 4.29upon licensed psychologists licensed and in good standing in this state, affecting the right 4.30of these licensed psychologists to be registered or licensed in that state, then the same or 4.31like burden, obligation, requirement, disqualification, or disability may be put upon the 4.32licensure in this state of licensed psychologists licensed in that state.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 nine consecutive months 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    Subd. 1a.Applicants for licensure.(a) An applicant who is seeking licensure in 5.13this state, and who, at the time of application, is licensed, certified, or registered to practice 5.14psychology in another jurisdiction at the doctoral level may apply to the board for guest 5.15licensure in order to begin practicing psychology in this state while their application 5.16is being processed if the applicant is of good moral character and has no complaints, 5.17corrective, or disciplinary action pending in any jurisdiction. Application under this 5.18section shall be made no less than 30 days prior to the expected date of practice in this 5.19state, and must be made concurrently or after submission of an application for licensure 5.20as a licensed psychologist. Applications under this section are subject to approval by 5.21the board or its designee.5.22(b) The board shall charge a nonrefundable fee for guest licensure under this 5.23subdivision.5.24(c) A guest license issued under this subdivision shall be valid for one year from the 5.25date of issuance, or until the board has either issued a license or has denied the applicant's 5.26application for licensure, whichever is earlier. Guest licenses issued under this section may 5.27be renewed annually until the board has denied the applicant's application for licensure.