HF 230

3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  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; regulating 
  1.5             alcohol and drug counselors; requiring rulemaking; 
  1.6             appropriating money; amending Minnesota Statutes 2002, 
  1.7             sections 116J.70, subdivision 2a; 148A.01, subdivision 
  1.8             5; 148B.60, subdivision 3; 148C.01, subdivisions 2, 
  1.9             12, by adding subdivisions; 148C.03, subdivision 1; 
  1.10            148C.0351, subdivision 1, by adding a subdivision; 
  1.11            148C.04; 148C.05, subdivision 1, by adding 
  1.12            subdivisions; 148C.07; 148C.10, subdivisions 1, 2; 
  1.13            148C.11; 214.01, subdivision 2; 214.04, subdivision 3; 
  1.14            214.10, subdivision 9; 609.341, subdivision 17; 
  1.15            proposing coding for new law in Minnesota Statutes, 
  1.16            chapters 148B; 148C; repealing Minnesota Statutes 
  1.17            2002, sections 148B.30; 148B.60; 148B.61; 148B.63; 
  1.18            148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69; 
  1.19            148B.70; 148B.71; 148C.01, subdivision 6; 148C.0351, 
  1.20            subdivision 2; 148C.05, subdivisions 2, 3, 4; 148C.06; 
  1.21            148C.10, subdivision 1a; Minnesota Rules, parts 
  1.22            4747.0030, subparts 25, 28, and 30; 4747.0040, subpart 
  1.23            3, item A; 4747.0060, subpart 1, items A, B, and D; 
  1.24            4747.0070, subparts 4 and 5; 4747.0080; 4747.0090; 
  1.25            4747.0100; 4747.0300; 4747.0400, subparts 2 and 3; 
  1.26            4747.0500; 4747.0600; 4747.1000; 4747.1100, subpart 3; 
  1.27            4747.1600. 
  1.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.29     Section 1.  Minnesota Statutes 2002, section 116J.70, 
  1.30  subdivision 2a, is amended to read: 
  1.31     Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
  1.32  "license" does not include the following:  
  1.33     (1) any occupational license or registration issued by a 
  1.34  licensing board listed in section 214.01 or any occupational 
  1.35  registration issued by the commissioner of health pursuant to 
  1.36  section 214.13; 
  2.1      (2) any license issued by a county, home rule charter city, 
  2.2   statutory city, township, or other political subdivision; 
  2.3      (3) any license required to practice the following 
  2.4   occupation regulated by the following sections:  
  2.5      (i) abstracters regulated pursuant to chapter 386; 
  2.6      (ii) accountants regulated pursuant to chapter 326A; 
  2.7      (iii) adjusters regulated pursuant to chapter 72B; 
  2.8      (iv) architects regulated pursuant to chapter 326; 
  2.9      (v) assessors regulated pursuant to chapter 270; 
  2.10     (vi) athletic trainers regulated pursuant to chapter 148; 
  2.11     (vii) attorneys regulated pursuant to chapter 481; 
  2.12     (viii) auctioneers regulated pursuant to chapter 330; 
  2.13     (ix) barbers regulated pursuant to chapter 154; 
  2.14     (x) beauticians regulated pursuant to chapter 155A; 
  2.15     (xi) boiler operators regulated pursuant to chapter 183; 
  2.16     (xii) chiropractors regulated pursuant to chapter 148; 
  2.17     (xiii) collection agencies regulated pursuant to chapter 
  2.18  332; 
  2.19     (xiv) cosmetologists regulated pursuant to chapter 155A; 
  2.20     (xv) dentists, registered dental assistants, and dental 
  2.21  hygienists regulated pursuant to chapter 150A; 
  2.22     (xvi) detectives regulated pursuant to chapter 326; 
  2.23     (xvii) electricians regulated pursuant to chapter 326; 
  2.24     (xviii) mortuary science practitioners regulated pursuant 
  2.25  to chapter 149A; 
  2.26     (xix) engineers regulated pursuant to chapter 326; 
  2.27     (xx) insurance brokers and salespersons regulated pursuant 
  2.28  to chapter 60A; 
  2.29     (xxi) certified interior designers regulated pursuant to 
  2.30  chapter 326; 
  2.31     (xxii) midwives regulated pursuant to chapter 147D; 
  2.32     (xxiii) nursing home administrators regulated pursuant to 
  2.33  chapter 144A; 
  2.34     (xxiv) optometrists regulated pursuant to chapter 148; 
  2.35     (xxv) osteopathic physicians regulated pursuant to chapter 
  2.36  147; 
  3.1      (xxvi) pharmacists regulated pursuant to chapter 151; 
  3.2      (xxvii) physical therapists regulated pursuant to chapter 
  3.3   148; 
  3.4      (xxviii) physician assistants regulated pursuant to chapter 
  3.5   147A; 
  3.6      (xxix) physicians and surgeons regulated pursuant to 
  3.7   chapter 147; 
  3.8      (xxx) plumbers regulated pursuant to chapter 326; 
  3.9      (xxxi) podiatrists regulated pursuant to chapter 153; 
  3.10     (xxxii) practical nurses regulated pursuant to chapter 148; 
  3.11     (xxxiii) professional fund raisers regulated pursuant to 
  3.12  chapter 309; 
  3.13     (xxxiv) psychologists regulated pursuant to chapter 148; 
  3.14     (xxxv) real estate brokers, salespersons, and others 
  3.15  regulated pursuant to chapters 82 and 83; 
  3.16     (xxxvi) registered nurses regulated pursuant to chapter 
  3.17  148; 
  3.18     (xxxvii) securities brokers, dealers, agents, and 
  3.19  investment advisers regulated pursuant to chapter 80A; 
  3.20     (xxxviii) steamfitters regulated pursuant to chapter 326; 
  3.21     (xxxix) teachers and supervisory and support personnel 
  3.22  regulated pursuant to chapter 125; 
  3.23     (xl) veterinarians regulated pursuant to chapter 156; 
  3.24     (xli) water conditioning contractors and installers 
  3.25  regulated pursuant to chapter 326; 
  3.26     (xlii) water well contractors regulated pursuant to chapter 
  3.27  103I; 
  3.28     (xliii) water and waste treatment operators regulated 
  3.29  pursuant to chapter 115; 
  3.30     (xliv) motor carriers regulated pursuant to chapter 221; 
  3.31     (xlv) professional firms regulated under chapter 319B; 
  3.32     (xlvi) real estate appraisers regulated pursuant to chapter 
  3.33  82B; 
  3.34     (xlvii) residential building contractors, residential 
  3.35  remodelers, residential roofers, manufactured home installers, 
  3.36  and specialty contractors regulated pursuant to chapter 326; 
  4.1      (xlviii) licensed professional counselors regulated 
  4.2   pursuant to chapter 148B; 
  4.3      (4) any driver's license required pursuant to chapter 171; 
  4.4      (5) any aircraft license required pursuant to chapter 360; 
  4.5      (6) any watercraft license required pursuant to chapter 
  4.6   86B; 
  4.7      (7) any license, permit, registration, certification, or 
  4.8   other approval pertaining to a regulatory or management program 
  4.9   related to the protection, conservation, or use of or 
  4.10  interference with the resources of land, air, or water, which is 
  4.11  required to be obtained from a state agency or instrumentality; 
  4.12  and 
  4.13     (8) any pollution control rule or standard established by 
  4.14  the pollution control agency or any health rule or standard 
  4.15  established by the commissioner of health or any licensing rule 
  4.16  or standard established by the commissioner of human services. 
  4.17     Sec. 2.  Minnesota Statutes 2002, section 148A.01, 
  4.18  subdivision 5, is amended to read: 
  4.19     Subd. 5.  [PSYCHOTHERAPIST.] "Psychotherapist" means a 
  4.20  physician, psychologist, nurse, chemical dependency counselor, 
  4.21  social worker, member of the clergy, marriage and family 
  4.22  therapist, mental health service provider, licensed professional 
  4.23  counselor, or other person, whether or not licensed by the 
  4.24  state, who performs or purports to perform psychotherapy. 
  4.25                   BOARD OF LICENSED PROFESSIONAL
  4.26                             COUNSELING
  4.27     Sec. 3.  [148B.50] [DEFINITIONS.] 
  4.28     Subdivision 1.  [APPLICABILITY.] For the purposes of 
  4.29  sections 148B.50 to 148B.593, the following terms have the 
  4.30  meanings given.  
  4.31     Subd. 2.  [APPROVED SUPERVISOR.] "Approved supervisor" 
  4.32  means a licensed professional counselor, licensed psychologist, 
  4.33  or other qualified supervisor as determined by the board, who 
  4.34  has four years of professional counseling experience and 
  4.35  documents to the board the completion of a training in 
  4.36  counseling supervision that included content and experiences 
  5.1   relevant to the supervision of professional counselors. 
  5.2      Subd. 3.  [BOARD.] "Board" means the board of licensed 
  5.3   professional counseling established by section 148B.51. 
  5.4      Subd. 4.  [LICENSED PROFESSIONAL COUNSELING.] "Licensed 
  5.5   professional counseling" means the application of counseling, 
  5.6   human development, and mental health research, principles, and 
  5.7   procedures to maintain and enhance the mental health, 
  5.8   development, personal and interpersonal effectiveness, and 
  5.9   adjustment to work and life of individuals and families. 
  5.10     Subd. 5.  [SCOPE OF PRACTICE.] (a) The scope of practice of 
  5.11  a licensed professional counselor includes, but is not limited 
  5.12  to: 
  5.13     (1) the implementation of professional counseling treatment 
  5.14  interventions including evaluation, treatment planning, 
  5.15  assessment, and referral; 
  5.16     (2) direct counseling services to individuals, groups, and 
  5.17  families; 
  5.18     (3) counseling strategies that effectively respond to 
  5.19  multicultural populations; 
  5.20     (4) knowledge of relevant laws and ethics impacting 
  5.21  practice; 
  5.22     (5) crisis intervention; 
  5.23     (6) consultation; 
  5.24     (7) career education and development; and 
  5.25     (8) program evaluation and applied research. 
  5.26     (b) For the purposes of paragraph (a), clause (1), 
  5.27  "professional counseling treatment interventions" means the 
  5.28  application of cognitive, affective, behavioral, systemic, and 
  5.29  community counseling strategies which include principles of 
  5.30  human development, wellness, and pathology.  Counselors provide 
  5.31  mental health services for clients whose symptoms significantly 
  5.32  interfere with daily functioning and would most likely not 
  5.33  improve in a reasonable time period without intervention.  
  5.34     (c) Licensed professional counseling does not include 
  5.35  activities or services undertaken by persons listed in section 
  5.36  148B.592, or the performance of any act that licensed 
  6.1   professional counselors are not educated and trained to perform. 
  6.2      (d) In order to evaluate and treat mental illness, a 
  6.3   licensed professional counselor must have a specialty as 
  6.4   described in section 148B.57 and complete the postgraduate 
  6.5   training specified in section 245.462, subdivision 18, clause 
  6.6   (6), or 245.4871, subdivision 27, clause (6). 
  6.7      Sec. 4.  [148B.51] [BOARD OF LICENSED PROFESSIONAL 
  6.8   COUNSELING.] 
  6.9      The board of licensed professional counseling consists of 
  6.10  13 members appointed by the governor, including eight 
  6.11  professional counselors licensed or eligible for licensure under 
  6.12  sections 148B.50 to 148B.593 where two have specialty 
  6.13  designation or are eligible for specialty designation as alcohol 
  6.14  and drug counselors, as well as five public members as defined 
  6.15  in section 214.02.  The board shall annually elect from its 
  6.16  membership a chair and vice-chair.  The board shall appoint and 
  6.17  employ an executive director who is not a member of the board.  
  6.18  Chapter 214 applies to the board of licensed professional 
  6.19  counseling unless superseded by sections 148B.50 to 148B.593. 
  6.20     Sec. 5.  [148B.52] [DUTIES OF THE BOARD.] 
  6.21     The board of licensed professional counseling shall: 
  6.22     (1) establish by rule appropriate techniques, including 
  6.23  examinations and other methods, for determining whether 
  6.24  applicants and licensees are qualified under sections 148B.50 to 
  6.25  148B.593; 
  6.26     (2) establish by rule standards for professional conduct, 
  6.27  including adoption of a code of professional ethics and 
  6.28  requirements for continuing education and supervision; 
  6.29     (3) issue licenses to individuals qualified under sections 
  6.30  148B.50 to 148B.593; 
  6.31     (4) establish by rule standards for initial education 
  6.32  including coursework for licensure and content of professional 
  6.33  education; 
  6.34     (5) establish by rule procedures, including a standard 
  6.35  disciplinary process, to assess whether individuals licensed as 
  6.36  licensed professional counselors comply with the board's rules; 
  7.1      (6) establish, maintain, and publish annually a register of 
  7.2   current licensees and approved supervisors; 
  7.3      (7) establish initial and renewal application and 
  7.4   examination fees sufficient to cover operating expenses of the 
  7.5   board and its agents; 
  7.6      (8) educate the public about the existence and content of 
  7.7   the laws and rules for licensed professional counselors to 
  7.8   enable consumers to file complaints against licensees who may 
  7.9   have violated the rules; 
  7.10     (9) establish rules and regulations pertaining to treatment 
  7.11  for impaired practitioners; 
  7.12     (10) periodically evaluate its rules in order to refine the 
  7.13  standards for licensing professional counselors and to improve 
  7.14  the methods used to enforce the board's standards; and 
  7.15     (11) appoint a professional discipline committee for each 
  7.16  specialty designation to the license of professional counselors 
  7.17  and identify a board member as chair.  The professional 
  7.18  discipline committee shall consist of five members 
  7.19  representative of the licensed professional counseling specialty 
  7.20  and provide recommendations to the board with regard to rule 
  7.21  techniques, standards, procedures, and related issues specific 
  7.22  to the specialty designation.  
  7.23     Sec. 6.  [148B.53] [REQUIREMENTS FOR LICENSURE.] 
  7.24     Subdivision 1.  [GENERAL REQUIREMENTS.] (a) To be licensed 
  7.25  as a licensed professional counselor (LPC), an applicant must 
  7.26  provide evidence satisfactory to the board that the applicant: 
  7.27     (1) is of good moral character; 
  7.28     (2) has completed a master's degree program in counseling 
  7.29  that includes a minimum of 48 semester hours and a supervised 
  7.30  field experience of not fewer than 700 hours that is counseling 
  7.31  in nature; 
  7.32     (3) has submitted to the board a plan for supervision 
  7.33  during the first 2,000 hours of professional practice; 
  7.34     (4) has demonstrated competence in professional counseling 
  7.35  by passing the National Counseling Exam (NCE) administered by 
  7.36  the National Board for Certified Counselors, Inc. (NBCC) 
  8.1   including obtaining a passing score on the examination accepted 
  8.2   by the board based on the determinations made by the NBCC and 
  8.3   oral and situational examinations if prescribed by the board; 
  8.4      (5) will conduct all professional activities as a licensed 
  8.5   professional counselor in accordance with standards for 
  8.6   professional conduct established by the rules of the board; and 
  8.7      (6) has declared to the board and agrees to continue to 
  8.8   declare areas of professional competencies through a statement 
  8.9   of professional disclosure, describing the intended use of the 
  8.10  license and the population to be served.  
  8.11     (b) The degree described in paragraph (a), clause (3), must 
  8.12  be from a counseling program recognized by the Council for 
  8.13  Accreditation of Counseling and Related Education Programs 
  8.14  (CACREP) or from an institution of higher education that is 
  8.15  accredited by a regional accrediting organization recognized by 
  8.16  the Council for Higher Education Accreditation (CHEA).  Specific 
  8.17  academic course content and training must meet standards 
  8.18  established by the CACREP, including course work in the 
  8.19  following subject areas: 
  8.20     (1) the helping relationship, including counseling theory 
  8.21  and practice; 
  8.22     (2) human growth and development; 
  8.23     (3) lifestyle and career development; 
  8.24     (4) group dynamics, processes, counseling, and consulting; 
  8.25     (5) assessment and appraisal; 
  8.26     (6) social and cultural foundations, including 
  8.27  multicultural issues; 
  8.28     (7) principles of etiology, treatment planning, and 
  8.29  prevention of mental and emotional disorders and dysfunctional 
  8.30  behavior; 
  8.31     (8) family counseling and therapy; 
  8.32     (9) research and evaluation; and 
  8.33     (10) professional counseling orientation and ethics. 
  8.34     (c) To be licensed as a professional counselor, a 
  8.35  psychological practitioner licensed under section 148.908 need 
  8.36  only show evidence of licensure under that section and is not 
  9.1   required to comply with paragraph (a) or (b). 
  9.2      Subd. 2.  [MINIMUM HOUR EFFECTIVE DATE.] The minimum 
  9.3   semester hour requirement imposed by subdivision 1, paragraph 
  9.4   (a), clause (3), is not effective until July 1, 2004.  This 
  9.5   subdivision expires July 1, 2004. 
  9.6      Subd. 3.  [FEE.] Each applicant shall pay a nonrefundable 
  9.7   fee set by the board. 
  9.8      Sec. 7.  [148B.54] [LICENSE RENEWAL REQUIREMENTS.] 
  9.9      Subdivision 1.  [RENEWAL.] Licensees shall renew licenses 
  9.10  at the time and in the manner established by the rules of the 
  9.11  board. 
  9.12     Subd. 2.  [CONTINUING EDUCATION.] At the completion of the 
  9.13  first two years of licensure, a licensee must provide evidence 
  9.14  satisfactory to the board of completion of 12 additional 
  9.15  postgraduate semester credit hours in counseling as determined 
  9.16  by the board.  Thereafter, at the time of renewal, each licensee 
  9.17  shall provide evidence satisfactory to the board that the 
  9.18  licensee has completed during each two-year period at least the 
  9.19  equivalent of 40 clock hours of professional postdegree 
  9.20  continuing education in programs approved by the board and 
  9.21  continues to be qualified to practice under sections 148B.50 to 
  9.22  148B.593.  
  9.23     Sec. 8.  [148B.55] [LICENSES; TRANSITION PERIOD.] 
  9.24     For two years beginning July 1, 2003, the board shall issue 
  9.25  a license without examination to an applicant if the board 
  9.26  determines that the applicant satisfies the requirements in 
  9.27  section 148B.53, subdivision 1, if the applicant is a licensed 
  9.28  psychological practitioner, a licensed marriage and family 
  9.29  therapist, or a licensed alcohol and drug counselor, or is in 
  9.30  the process of being so licensed.  An applicant licensed under 
  9.31  this section must also agree to conduct all professional 
  9.32  activities as a licensed professional counselor in accordance 
  9.33  with standards for professional conduct established by the board 
  9.34  by rule.  This section expires July 1, 2005.  
  9.35     Sec. 9.  [148B.56] [RECIPROCITY.] 
  9.36     The board may issue a license to an individual who holds a 
 10.1   current license or other credential from another jurisdiction if 
 10.2   the board finds that the requirements for that credential are 
 10.3   substantially similar to the requirements in sections 148B.50 to 
 10.4   148B.593.  
 10.5      Sec. 10.  [148B.57] [SPECIALTY DESIGNATIONS.] 
 10.6      (a) A specialty designation may be added to the license of 
 10.7   a professional counselor if the applicant demonstrates to the 
 10.8   board that the applicant has met the following standards:  
 10.9      (1) for the specialty designation of mental health 
 10.10  counselor to be added to the license of a professional 
 10.11  counselor, the applicant must complete the postgraduate training 
 10.12  specified in section 245.462, subdivision 18, clause (6), or 
 10.13  245.4871, subdivision 27, clause (6); and 
 10.14     (2) for the specialty designation of alcohol and drug 
 10.15  counselor to be added to the license of a professional 
 10.16  counselor, the applicant must complete 12 additional semester 
 10.17  graduate credits in alcohol and drug counselor education.  These 
 10.18  core requirements must include an introductory course as well as 
 10.19  courses in psychopharmacology, counseling skills, alcohol and 
 10.20  drug use assessment, group counseling, and case management.  The 
 10.21  applicant must have 2,000 postgraduate hours of supervised 
 10.22  experience as an addictions counselor at no fewer than 20 hours 
 10.23  per week.  The applicant must pass a specialty examination 
 10.24  established by the board.  
 10.25     (b) A licensed professional counselor may not claim, 
 10.26  advertise, or practice a counseling specialty unless the 
 10.27  specialty designation has been approved by the board. 
 10.28     Sec. 11.  [148B.58] [NONTRANSFERABILITY OF LICENSES.] 
 10.29     A professional counseling license is not transferable. 
 10.30     Sec. 12.  [148B.59] [GROUNDS FOR DISCIPLINARY ACTION; FORMS 
 10.31  OF DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 
 10.32     (a) The board may impose disciplinary action as described 
 10.33  in paragraph (b) against an applicant or licensee whom the 
 10.34  board, by a preponderance of the evidence, determines:  
 10.35     (1) has violated a statute, rule, or order that the board 
 10.36  issued or is empowered to enforce; 
 11.1      (2) has engaged in fraudulent, deceptive, or dishonest 
 11.2   conduct, whether or not the conduct relates to the practice of 
 11.3   licensed professional counseling, that adversely affects the 
 11.4   person's ability or fitness to practice professional counseling; 
 11.5      (3) has engaged in unprofessional conduct or any other 
 11.6   conduct which has the potential for causing harm to the public, 
 11.7   including any departure from or failure to conform to the 
 11.8   minimum standards of acceptable and prevailing practice without 
 11.9   actual injury having to be established; 
 11.10     (4) has been convicted of or has pled guilty or nolo 
 11.11  contendere to a felony or other crime, an element of which is 
 11.12  dishonesty or fraud, or has been shown to have engaged in acts 
 11.13  or practices tending to show that the applicant or licensee is 
 11.14  incompetent or has engaged in conduct reflecting adversely on 
 11.15  the applicant's or licensee's ability or fitness to engage in 
 11.16  the practice of professional counseling; 
 11.17     (5) has employed fraud or deception in obtaining or 
 11.18  renewing a license, or in passing an examination; 
 11.19     (6) has had any counseling license, certificate, 
 11.20  registration, privilege to take an examination, or other similar 
 11.21  authority denied, revoked, suspended, canceled, limited, or not 
 11.22  renewed for cause in any jurisdiction; 
 11.23     (7) has failed to meet any requirement for the issuance or 
 11.24  renewal of the person's license.  The burden of proof is on the 
 11.25  applicant or licensee to demonstrate the qualifications or 
 11.26  satisfy the requirements for a license under the licensed 
 11.27  professional counseling act; 
 11.28     (8) has failed to cooperate with an investigation of the 
 11.29  board; 
 11.30     (9) has demonstrated an inability to practice professional 
 11.31  counseling with reasonable skill and safety to clients due to 
 11.32  any mental or physical illness or condition; or 
 11.33     (10) has engaged in fee splitting.  This clause does not 
 11.34  apply to the distribution of revenues from a partnership, group 
 11.35  practice, nonprofit corporation, or professional corporation to 
 11.36  its partners, shareholders, members, or employees if the 
 12.1   revenues consist only of fees for services performed by the 
 12.2   licensee or under a licensee's administrative authority.  Fee 
 12.3   splitting includes, but is not limited to: 
 12.4      (i) dividing fees with another person or a professional 
 12.5   corporation, unless the division is in proportion to the 
 12.6   services provided and the responsibility assumed by each 
 12.7   professional; and 
 12.8      (ii) referring a client to any health care provider as 
 12.9   defined in section 144.335 in which the referring licensee has a 
 12.10  significant financial interest, unless the licensee has 
 12.11  disclosed in advance to the client the licensee's own financial 
 12.12  interest. 
 12.13     (b) If grounds for disciplinary action exist under 
 12.14  paragraph (a), the board may take one or more of the following 
 12.15  actions: 
 12.16     (1) refuse to grant or renew a license; 
 12.17     (2) revoke a license; 
 12.18     (3) suspend a license; 
 12.19     (4) impose limitations or conditions on a licensee's 
 12.20  practice of professional counseling, including, but not limited 
 12.21  to, limiting the scope of practice to designated competencies, 
 12.22  imposing retraining or rehabilitation requirements, requiring 
 12.23  the licensee to practice under supervision, or conditioning 
 12.24  continued practice on the demonstration of knowledge or skill by 
 12.25  appropriate examination or other review of skill and competence; 
 12.26     (5) censure or reprimand the licensee; 
 12.27     (6) refuse to permit an applicant to take the licensure 
 12.28  examination or refuse to release an applicant's examination 
 12.29  grade if the board finds that it is in the public interest; or 
 12.30     (7) impose disciplinary fees of up to $5,000 for each 
 12.31  separate violation.  The amount of the disciplinary fee shall be 
 12.32  fixed so as (i) to deprive the applicant or licensee of any 
 12.33  economic advantage gained by reason of the violation charged, 
 12.34  and (ii) to reimburse the board for the cost of the 
 12.35  investigation and proceeding, including, but not limited to, the 
 12.36  costs of legal and investigative services provided by the office 
 13.1   of the attorney general and the costs of legal services provided 
 13.2   by the office of administrative hearings. 
 13.3      (c) In lieu of or in addition to paragraph (b), the board 
 13.4   may require, as a condition of continued licensure, termination 
 13.5   of suspension, reinstatement of license, examination, or release 
 13.6   of examination grades, that the applicant or licensee: 
 13.7      (1) submit to a quality review, as specified by the board, 
 13.8   of the applicant's or licensee's ability, skills, or quality of 
 13.9   work; and 
 13.10     (2) complete to the satisfaction of the board educational 
 13.11  courses specified by the board. 
 13.12     (d) Service of the order is effective if the order is 
 13.13  served on the applicant, licensee, or counsel of record 
 13.14  personally or by mail to the most recent address provided to the 
 13.15  board for the licensee, applicant, or counsel of record.  The 
 13.16  order shall state the reasons for the entry of the order. 
 13.17     Sec. 13.  [148B.591] [PROHIBITION AGAINST UNLICENSED 
 13.18  PRACTICE OR USE OF TITLES.] 
 13.19     Subdivision 1.  [PRACTICE.] After the effective date of 
 13.20  rules adopted by the board, no individual may engage in the 
 13.21  practice of licensed professional counseling unless that 
 13.22  individual holds a valid license or is exempt from licensure 
 13.23  under section 148B.592. 
 13.24     Subd. 2.  [USE OF TITLES.] After the board adopts rules, no 
 13.25  individual may be presented to the public by any title or 
 13.26  practice incorporating the words "licensed professional 
 13.27  counselor" or "LPC" unless that individual holds a valid license 
 13.28  issued under sections 148B.50 to 148B.593.  
 13.29     Sec. 14.  [148B.592] [EXCEPTIONS TO LICENSE REQUIREMENT.] 
 13.30     Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in sections 
 13.31  148B.50 to 148B.593 prevents members of other professions or 
 13.32  occupations from performing functions for which they are 
 13.33  qualified or licensed.  This exception includes, but is not 
 13.34  limited to, licensed physicians, registered nurses, licensed 
 13.35  practical nurses, licensed psychologists, probation officers, 
 13.36  attorneys, social workers, marriage and family therapists, 
 14.1   qualified rehabilitation consultants, natural family planning 
 14.2   practitioners certified by the American Academy of Natural 
 14.3   Family Planning, and registered occupational therapists or 
 14.4   certified occupational therapist assistants.  These persons must 
 14.5   not, however, use a title incorporating the words "licensed 
 14.6   professional counselor" or otherwise hold themselves out to the 
 14.7   public by any title or description stating or implying that they 
 14.8   are licensed to engage in the practice of professional 
 14.9   counseling unless they are licensed under sections 148B.50 to 
 14.10  148B.593. 
 14.11     Subd. 2.  [STUDENTS.] Nothing in sections 148B.50 to 
 14.12  148B.593 prevents a student, intern, or trainee enrolled in an 
 14.13  accredited program of professional counseling from engaging in 
 14.14  professional counseling as part of the supervised course of 
 14.15  study if the person is identified as a "counselor intern." 
 14.16     Subd. 3.  [GOVERNMENT AGENCIES; EDUCATIONAL INSTITUTIONS.] 
 14.17  Nothing in sections 148B.50 to 148B.593 limits the activities 
 14.18  and services of, or use of, an official title by a person 
 14.19  employed as a counselor by a federal, state, county, or 
 14.20  municipal agency, or public or private educational institution 
 14.21  if the person is performing the activities within the scope of 
 14.22  the person's employment. 
 14.23     Subd. 4.  [UNLICENSED MENTAL HEALTH PRACTITIONERS.] Nothing 
 14.24  in sections 148B.50 to 148B.593 prohibits the provision of 
 14.25  mental health services by an unlicensed mental health 
 14.26  practitioner as defined in section 148B.60, subdivision 3.  
 14.27  Nothing in this section limits the authority of unlicensed 
 14.28  complementary and alternative health care practitioners to 
 14.29  perform services under chapter 146A. 
 14.30     Subd. 5.  [NONRESIDENTS.] A nonresident may engage in the 
 14.31  practice of professional counseling within the state without a 
 14.32  license for up to 30 days during any calendar year if the 
 14.33  nonresident is authorized to provide the services under the law 
 14.34  of the state or country of residence and the nonresident has 
 14.35  provided proof of credentials to the board, been found qualified 
 14.36  to render services in the state, and been granted permission by 
 15.1   the board to practice. 
 15.2      Subd. 6.  [CLERGY.] Nothing in sections 148B.50 to 148B.593 
 15.3   limits the activities and services of a rabbi, priest, minister, 
 15.4   or clergyperson of any religious denomination or sect, provided 
 15.5   such activities and services are within the scope of the 
 15.6   performance of regular or specialized ministerial duties. 
 15.7      Subd. 7.  [NONPROFIT ORGANIZATIONS AND CHARITIES.] Nothing 
 15.8   in sections 148B.50 to 148B.593 limits the activities, services, 
 15.9   and descriptions of persons offering volunteer or professional 
 15.10  services for public or private nonprofit organizations or 
 15.11  charities.  
 15.12     Sec. 15.  [148B.593] [DISCLOSURE OF INFORMATION.] 
 15.13     (a) A person licensed under sections 148B.50 to 148B.593 
 15.14  may not disclose without written consent of the client any 
 15.15  communication made by the client to the licensee in the course 
 15.16  of the practice of professional counseling, nor may any employee 
 15.17  of the licensee reveal the information without the consent of 
 15.18  the employer or client except as provided under section 626.556 
 15.19  or 626.557.  
 15.20     (b) For purposes of sections 148B.50 to 148B.593, the 
 15.21  confidential relations and communications between the licensee 
 15.22  and a client are placed upon the same basis as those that exist 
 15.23  between a licensed psychologist and client.  Nothing in sections 
 15.24  148B.50 to 148B.593 may be construed to require any 
 15.25  communications to be disclosed except by court order. 
 15.26     Sec. 16.  Minnesota Statutes 2002, section 148B.60, 
 15.27  subdivision 3, is amended to read: 
 15.28     Subd. 3.  [UNLICENSED MENTAL HEALTH PRACTITIONER OR 
 15.29  PRACTITIONER.] "Unlicensed mental health practitioner" or 
 15.30  "practitioner" means a person who provides or purports to 
 15.31  provide, for remuneration, mental health services as defined in 
 15.32  subdivision 4.  It does not include persons licensed by the 
 15.33  board of medical practice under chapter 147 or registered by the 
 15.34  board of medical practice under chapter 147A; the board of 
 15.35  nursing under sections 148.171 to 148.285; the board of 
 15.36  psychology under sections 148.88 to 148.98; the board of social 
 16.1   work under sections 148B.18 to 148B.289; the board of marriage 
 16.2   and family therapy under sections 148B.29 to 148B.39; the board 
 16.3   of licensed professional counseling under sections 148B.50 to 
 16.4   148B.593; or another licensing board if the person is practicing 
 16.5   within the scope of the license; members of the clergy who are 
 16.6   providing pastoral services in the context of performing and 
 16.7   fulfilling the salaried duties and obligations required of a 
 16.8   member of the clergy by a religious congregation; American 
 16.9   Indian medicine men and women; licensed attorneys; probation 
 16.10  officers; school counselors employed by a school district while 
 16.11  acting within the scope of employment as school counselors; 
 16.12  registered occupational therapists; or occupational therapy 
 16.13  assistants.  For the purposes of complaint investigation or 
 16.14  disciplinary action relating to an individual practitioner, the 
 16.15  term includes: 
 16.16     (1) persons employed by a program licensed by the 
 16.17  commissioner of human services who are acting as mental health 
 16.18  practitioners within the scope of their employment; 
 16.19     (2) persons employed by a program licensed by the 
 16.20  commissioner of human services who are providing chemical 
 16.21  dependency counseling services; persons who are providing 
 16.22  chemical dependency counseling services in private practice; and 
 16.23     (3) clergy who are providing mental health services that 
 16.24  are equivalent to those defined in subdivision 4. 
 16.25     Sec. 17.  Minnesota Statutes 2002, section 148C.01, is 
 16.26  amended by adding a subdivision to read: 
 16.27     Subd. 1a.  [ACCREDITING ASSOCIATION.] "Accrediting 
 16.28  association" means an organization recognized by the 
 16.29  commissioner that evaluates schools and education programs of 
 16.30  alcohol and drug counseling or is listed in Nationally 
 16.31  Recognized Accrediting Agencies and Associations, Criteria and 
 16.32  Procedures for Listing by the U.S. Secretary of Education and 
 16.33  Current List (1996), which is incorporated by reference.  
 16.34     Sec. 18.  Minnesota Statutes 2002, section 148C.01, 
 16.35  subdivision 2, is amended to read: 
 16.36     Subd. 2.  [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug 
 17.1   counselor" or "counselor" means a person who: 
 17.2      (1) uses, as a representation to the public, any title, 
 17.3   initials, or description of services incorporating the words 
 17.4   "alcohol and drug counselor"; 
 17.5      (2) offers to render professional alcohol and drug 
 17.6   counseling services relative to the abuse of or the dependency 
 17.7   on alcohol or other drugs to the general public or groups, 
 17.8   organizations, corporations, institutions, or government 
 17.9   agencies for compensation, implying that the person is licensed 
 17.10  and trained, experienced or expert in alcohol and drug 
 17.11  counseling; 
 17.12     (3) holds a valid license issued under sections 148C.01 to 
 17.13  148C.11 this chapter to engage in the practice of alcohol and 
 17.14  drug counseling; or 
 17.15     (4) is an applicant for an alcohol and drug counseling 
 17.16  license.  
 17.17     Sec. 19.  Minnesota Statutes 2002, section 148C.01, is 
 17.18  amended by adding a subdivision to read: 
 17.19     Subd. 2a.  [ALCOHOL AND DRUG COUNSELOR ACADEMIC COURSE 
 17.20  WORK.] "Alcohol and drug counselor academic course work" means 
 17.21  classroom education, which is directly related to alcohol and 
 17.22  drug counseling and meets the requirements of section 148C.04, 
 17.23  subdivision 5a, and is taken through an accredited school or 
 17.24  educational program.  
 17.25     Sec. 20.  Minnesota Statutes 2002, section 148C.01, is 
 17.26  amended by adding a subdivision to read: 
 17.27     Subd. 2b.  [ALCOHOL AND DRUG COUNSELOR CONTINUING EDUCATION 
 17.28  ACTIVITY.] "Alcohol and drug counselor continuing education 
 17.29  activity" means clock hours that meet the requirements of 
 17.30  section 148C.075 and Minnesota Rules, part 4747.1100, and are 
 17.31  obtained by a licensee at educational programs of annual 
 17.32  conferences, lectures, panel discussions, workshops, seminars, 
 17.33  symposiums, employer-sponsored inservices, or courses taken 
 17.34  through accredited schools or education programs, including home 
 17.35  study courses.  A home study course need not be provided by an 
 17.36  accredited school or education program to meet continuing 
 18.1   education requirements.  
 18.2      Sec. 21.  Minnesota Statutes 2002, section 148C.01, is 
 18.3   amended by adding a subdivision to read: 
 18.4      Subd. 2c.  [ALCOHOL AND DRUG COUNSELOR 
 18.5   TECHNICIAN.] "Alcohol and drug counselor technician" means a 
 18.6   person not licensed as an alcohol and drug counselor who is 
 18.7   performing acts authorized under section 148C.045.  
 18.8      Sec. 22.  Minnesota Statutes 2002, section 148C.01, is 
 18.9   amended by adding a subdivision to read: 
 18.10     Subd. 2d.  [ALCOHOL AND DRUG COUNSELOR TRAINING.] "Alcohol 
 18.11  and drug counselor training" means clock hours obtained by an 
 18.12  applicant at educational programs of annual conferences, 
 18.13  lectures, panel discussions, workshops, seminars, symposiums, 
 18.14  employer-sponsored inservices, or courses taken through 
 18.15  accredited schools or education programs, including home study 
 18.16  courses.  Clock hours obtained from accredited schools or 
 18.17  education programs must be measured under Minnesota Rules, part 
 18.18  4747.1100, subpart 5.  
 18.19     Sec. 23.  Minnesota Statutes 2002, section 148C.01, is 
 18.20  amended by adding a subdivision to read: 
 18.21     Subd. 2e.  [BOARD.] "Board" means the board of licensed 
 18.22  professional counseling established by section 148B.51.  
 18.23     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
 18.24     Sec. 24.  Minnesota Statutes 2002, section 148C.01, is 
 18.25  amended by adding a subdivision to read: 
 18.26     Subd. 2f.  [CLOCK HOUR.] "Clock hour" means an 
 18.27  instructional session of 50 consecutive minutes, excluding 
 18.28  coffee breaks, registration, meals without a speaker, and social 
 18.29  activities.  
 18.30     Sec. 25.  Minnesota Statutes 2002, section 148C.01, is 
 18.31  amended by adding a subdivision to read: 
 18.32     Subd. 2g.  [CREDENTIAL.] "Credential" means a license, 
 18.33  permit, certification, registration, or other evidence of 
 18.34  qualification or authorization to engage in the practice of an 
 18.35  occupation.  
 18.36     Sec. 26.  Minnesota Statutes 2002, section 148C.01, is 
 19.1   amended by adding a subdivision to read: 
 19.2      Subd. 4a.  [LICENSEE.] "Licensee" means a person who holds 
 19.3   a valid license under this chapter.  
 19.4      Sec. 27.  Minnesota Statutes 2002, section 148C.01, is 
 19.5   amended by adding a subdivision to read: 
 19.6      Subd. 11a.  [STUDENT.] "Student" means a person enrolled in 
 19.7   an alcohol and drug counselor education program at an accredited 
 19.8   school or educational program and earning a minimum of nine 
 19.9   semester credits per calendar year towards completion of an 
 19.10  associate's, bachelor's, master's, or doctorate degree 
 19.11  requirements that include an additional 18 semester credits or 
 19.12  270 clock hours of alcohol and drug counseling specific course 
 19.13  work and 440 clock hours of practicum.  
 19.14     Sec. 28.  Minnesota Statutes 2002, section 148C.01, 
 19.15  subdivision 12, is amended to read: 
 19.16     Subd. 12.  [SUPERVISED ALCOHOL AND DRUG COUNSELING 
 19.17  EXPERIENCE COUNSELOR.] Except during the transition period, 
 19.18  "Supervised alcohol and drug counseling experience counselor" 
 19.19  means practical experience gained by a student, volunteer, or 
 19.20  either before, during, or after the student completes a program 
 19.21  from an accredited school or educational program of alcohol and 
 19.22  drug counseling, an intern, and or a person issued a temporary 
 19.23  permit under section 148C.04, subdivision 4, and who is 
 19.24  supervised by a person either licensed under this chapter or 
 19.25  exempt under its provisions; either before, during, or after the 
 19.26  student completes a program from an accredited school or 
 19.27  educational program of alcohol and drug counseling. 
 19.28     Sec. 29.  Minnesota Statutes 2002, section 148C.01, is 
 19.29  amended by adding a subdivision to read: 
 19.30     Subd. 12a.  [SUPERVISOR.] "Supervisor" means a licensed 
 19.31  alcohol and drug counselor licensed under this chapter or other 
 19.32  licensed professional practicing alcohol and drug counseling 
 19.33  under section 148C.11 who monitors activities of and accepts 
 19.34  legal liability for the person practicing under supervision.  A 
 19.35  supervisor shall supervise no more than three trainees 
 19.36  practicing under section 148C.04, subdivision 6.  
 20.1      Sec. 30.  Minnesota Statutes 2002, section 148C.03, 
 20.2   subdivision 1, is amended to read: 
 20.3      Subdivision 1.  [GENERAL.] The commissioner shall, after 
 20.4   consultation with the advisory council or a committee 
 20.5   established by rule: 
 20.6      (a) adopt and enforce rules for licensure of alcohol and 
 20.7   drug counselors, including establishing standards and methods of 
 20.8   determining whether applicants and licensees are qualified under 
 20.9   section 148C.04.  The rules must provide for examinations and 
 20.10  establish standards for the regulation of professional conduct.  
 20.11  The rules must be designed to protect the public; 
 20.12     (b) develop and, at least twice a year, administer an 
 20.13  examination to assess applicants' knowledge and skills.  The 
 20.14  commissioner may contract for the administration of an 
 20.15  examination with an entity designated by the commissioner.  The 
 20.16  examinations must be psychometrically valid and reliable; must 
 20.17  be written and oral, with the oral examination based on a 
 20.18  written case presentation; must minimize cultural bias; and must 
 20.19  be balanced in various theories relative to the practice of 
 20.20  alcohol and drug counseling; 
 20.21     (c) issue licenses to individuals qualified under sections 
 20.22  148C.01 to 148C.11; 
 20.23     (d) issue copies of the rules for licensure to all 
 20.24  applicants; 
 20.25     (e) adopt rules to establish and implement procedures, 
 20.26  including a standard disciplinary process and rules of 
 20.27  professional conduct; 
 20.28     (f) carry out disciplinary actions against licensees; 
 20.29     (g) establish, with the advice and recommendations of the 
 20.30  advisory council, written internal operating procedures for 
 20.31  receiving and investigating complaints and for taking 
 20.32  disciplinary actions as appropriate; 
 20.33     (h) educate the public about the existence and content of 
 20.34  the rules for alcohol and drug counselor licensing to enable 
 20.35  consumers to file complaints against licensees who may have 
 20.36  violated the rules; 
 21.1      (i) evaluate the rules in order to refine and improve the 
 21.2   methods used to enforce the commissioner's standards; and 
 21.3      (j) set, collect, and adjust license fees for alcohol and 
 21.4   drug counselors so that the total fees collected will as closely 
 21.5   as possible equal anticipated expenditures during the biennium, 
 21.6   as provided in section 16A.1285; fees for initial and renewal 
 21.7   application and examinations; late fees for counselors who 
 21.8   submit license renewal applications after the renewal deadline; 
 21.9   and a surcharge fee.  The surcharge fee must include an amount 
 21.10  necessary to recover, over a five-year period, the 
 21.11  commissioner's direct expenditures for the adoption of the rules 
 21.12  providing for the licensure of alcohol and drug counselors.  All 
 21.13  fees received shall be deposited in the state treasury and 
 21.14  credited to the special revenue fund. 
 21.15     Sec. 31.  Minnesota Statutes 2002, section 148C.0351, 
 21.16  subdivision 1, is amended to read: 
 21.17     Subdivision 1.  [APPLICATION FORMS.] Unless exempted under 
 21.18  section 148C.11, a person who practices alcohol and drug 
 21.19  counseling in Minnesota must: 
 21.20     (1) apply to the commissioner for a license to practice 
 21.21  alcohol and drug counseling on forms provided by the 
 21.22  commissioner; 
 21.23     (2) include with the application a statement that the 
 21.24  statements in the application are true and correct to the best 
 21.25  of the applicant's knowledge and belief; 
 21.26     (3) include with the application a nonrefundable 
 21.27  application fee specified by the commissioner in section 
 21.28  148C.12; 
 21.29     (4) include with the application information describing the 
 21.30  applicant's experience, including the number of years and months 
 21.31  the applicant has practiced alcohol and drug counseling as 
 21.32  defined in section 148C.01; 
 21.33     (5) include with the application the applicant's business 
 21.34  address and telephone number, or home address and telephone 
 21.35  number if the applicant conducts business out of the home, and 
 21.36  if applicable, the name of the applicant's supervisor, manager, 
 22.1   and employer; 
 22.2      (6) include with the application a written and signed 
 22.3   authorization for the commissioner to make inquiries to 
 22.4   appropriate state regulatory agencies and private credentialing 
 22.5   organizations in this or any other state where the applicant has 
 22.6   practiced alcohol and drug counseling; and 
 22.7      (7) complete the application in sufficient detail for the 
 22.8   commissioner to determine whether the applicant meets the 
 22.9   requirements for filing.  The commissioner may ask the applicant 
 22.10  to provide additional information necessary to clarify 
 22.11  incomplete or ambiguous information submitted in the application.
 22.12     Sec. 32.  Minnesota Statutes 2002, section 148C.0351, is 
 22.13  amended by adding a subdivision to read: 
 22.14     Subd. 4.  [INITIAL LICENSE; TERM.] (a) An initial license 
 22.15  is effective on the date the commissioner indicates on the 
 22.16  license certificate, with the license number, sent to the 
 22.17  applicant upon approval of the application.  
 22.18     (b) An initial license is valid for a period beginning with 
 22.19  the effective date in paragraph (a) and ending on the date 
 22.20  specified by the commissioner on the license certificate placing 
 22.21  the applicant in an existing two-year renewal cycle, as 
 22.22  established under section 148C.05, subdivision 1.  
 22.23     Sec. 33.  [148C.0355] [COMMISSIONER ACTION ON APPLICATIONS 
 22.24  FOR LICENSURE.] 
 22.25     The commissioner shall act on each application for 
 22.26  licensure within 90 days from the date the completed application 
 22.27  and all required information is received by the commissioner.  
 22.28  The commissioner shall determine if the applicant meets the 
 22.29  requirements for licensure and whether there are grounds for 
 22.30  denial of licensure under this chapter.  If the commissioner 
 22.31  denies an application on grounds other than the applicant's 
 22.32  failure of an examination, the commissioner shall:  
 22.33     (1) notify the applicant, in writing, of the denial and the 
 22.34  reason for the denial and provide the applicant 30 days from the 
 22.35  date of the letter informing the applicant of the denial in 
 22.36  which the applicant may provide additional information to 
 23.1   address the reasons for the denial.  If the applicant does not 
 23.2   respond in writing to the commissioner within the 30-day period, 
 23.3   the denial is final.  If the commissioner receives additional 
 23.4   information, the commissioner shall review it and make a final 
 23.5   determination thereafter; 
 23.6      (2) notify the applicant that an application submitted 
 23.7   following denial is a new application and must be accompanied by 
 23.8   the appropriate fee as specified in section 148C.12; and 
 23.9      (3) notify the applicant of the right to request a hearing 
 23.10  under chapter 14.  
 23.11     Sec. 34.  Minnesota Statutes 2002, section 148C.04, is 
 23.12  amended to read: 
 23.13     148C.04 [REQUIREMENTS FOR LICENSURE.] 
 23.14     Subdivision 1.  [GENERAL REQUIREMENTS.] The commissioner 
 23.15  shall issue licenses to the individuals qualified under sections 
 23.16  148C.01 to 148C.11 this chapter to practice alcohol and drug 
 23.17  counseling. 
 23.18     Subd. 2.  [FEE.] Each applicant shall pay a nonrefundable 
 23.19  fee set by the commissioner pursuant to section 148C.03 as 
 23.20  specified in section 148C.12.  Fees paid to the commissioner 
 23.21  shall be deposited in the special revenue fund. 
 23.22     Subd. 3.  [LICENSING REQUIREMENTS FOR THE FIRST FIVE 
 23.23  YEARS LICENSURE BEFORE JULY 1, 2008.] For five years after the 
 23.24  effective date of the rules authorized in section 148C.03, 
 23.25  the An applicant, unless qualified under section 148C.06 during 
 23.26  the 25-month period authorized therein, under section 148C.07, 
 23.27  or under subdivision 4, for a license must furnish evidence 
 23.28  satisfactory to the commissioner that the applicant has met all 
 23.29  the requirements in clauses (1) to (3). The applicant must have: 
 23.30     (1) received an associate degree, or an equivalent number 
 23.31  of credit hours, and a certificate in alcohol and drug 
 23.32  counseling, including 18 semester credits or 270 clock hours of 
 23.33  alcohol and drug counseling classroom education academic course 
 23.34  work in accordance with subdivision 5a, paragraph (a), from an 
 23.35  accredited school or educational program and 880 clock hours of 
 23.36  supervised alcohol and drug counseling practicum; 
 24.1      (2) completed a written case presentation and 
 24.2   satisfactorily passed an oral examination established by the 
 24.3   commissioner that demonstrates competence in the core functions; 
 24.4   and 
 24.5      (3) satisfactorily passed a written examination as 
 24.6   established by the commissioner. 
 24.7      Subd. 4.  [LICENSING REQUIREMENTS AFTER FIVE YEARS FOR 
 24.8   LICENSURE AFTER JULY 1, 2008.] Beginning five years after the 
 24.9   effective date of the rules authorized in section 148C.03, 
 24.10  subdivision 1 , An applicant for licensure a license must submit 
 24.11  evidence to the commissioner that the applicant has met one of 
 24.12  the following requirements: 
 24.13     (1) the applicant must have: 
 24.14     (i) received a bachelor's degree from an accredited school 
 24.15  or educational program, including 480 18 semester credits or 270 
 24.16  clock hours of alcohol and drug counseling education academic 
 24.17  course work in accordance with subdivision 5a, paragraph (a), 
 24.18  from an accredited school or educational program and 880 clock 
 24.19  hours of supervised alcohol and drug counseling practicum; 
 24.20     (ii) completed a written case presentation and 
 24.21  satisfactorily passed an oral examination established by the 
 24.22  commissioner that demonstrates competence in the core functions; 
 24.23  and 
 24.24     (iii) satisfactorily passed a written examination as 
 24.25  established by the commissioner; or 
 24.26     (2) the applicant must meet the requirements of section 
 24.27  148C.07. 
 24.28     Subd. 5a.  [ACADEMIC COURSE WORK.] (a) Minimum academic 
 24.29  course work requirements for licensure as referred to under 
 24.30  subdivisions 3, clause (1), and 4, clause (1), item (i), must be 
 24.31  in the following areas: 
 24.32     (1) overview of alcohol and drug counseling focusing on the 
 24.33  transdisciplinary foundations of alcohol and drug counseling and 
 24.34  providing an understanding of theories of chemical dependency, 
 24.35  the continuum of care, and the process of change; 
 24.36     (2) pharmacology of substance abuse disorders and the 
 25.1   dynamics of addiction; 
 25.2      (3) screening, intake, assessment, and treatment planning; 
 25.3      (4) counseling theory and practice, crisis intervention, 
 25.4   orientation, and client education; 
 25.5      (5) case management, consultation, referral, treatment 
 25.6   planning, reporting, record keeping, and professional and 
 25.7   ethical responsibilities; and 
 25.8      (6) multicultural aspects of chemical dependency to include 
 25.9   awareness of learning outcomes described in Minnesota Rules, 
 25.10  part 4747.1100, subpart 2, and the ability to know when 
 25.11  consultation is needed.  
 25.12     (b) Advanced academic course work includes, at a minimum, 
 25.13  the course work required in paragraph (a) and additional course 
 25.14  work in the following areas:  
 25.15     (1) advanced study in the areas listed in paragraph (a); 
 25.16     (2) chemical dependency and the family; 
 25.17     (3) treating substance abuse disorders in culturally 
 25.18  diverse and identified populations; 
 25.19     (4) dual diagnoses/co-occurring disorders with substance 
 25.20  abuse disorders; and 
 25.21     (5) ethics and chemical dependency. 
 25.22     Subd. 6.  [TEMPORARY PRACTICE PERMIT REQUIREMENTS.] (a) A 
 25.23  person may temporarily The commissioner shall issue a temporary 
 25.24  permit to practice alcohol and drug counseling prior to being 
 25.25  licensed under this chapter if the person: 
 25.26     (1) either: 
 25.27     (i) meets the associate degree education and practicum 
 25.28  requirements of subdivision 3, clause (1); 
 25.29     (ii) meets the bachelor's degree education and practicum 
 25.30  requirements of subdivision 4, clause (1), item (i); or 
 25.31     (iii) submits verification of a current and unrestricted 
 25.32  credential for the practice of alcohol and drug counseling from 
 25.33  a national certification body or a certification or licensing 
 25.34  body from another state, United States territory, or federally 
 25.35  recognized tribal authority; 
 25.36     (ii) submits verification of the completion of at least 64 
 26.1   semester credits, including 270 clock hours or 18 semester 
 26.2   credits of formal classroom education in alcohol and drug 
 26.3   counseling and at least 440 clock hours of alcohol and drug 
 26.4   counseling practicum from an accredited school or educational 
 26.5   program; or 
 26.6      (iii) meets the requirements of section 148C.11, 
 26.7   subdivision 6, clauses (1), (2), and (5); 
 26.8      (2) requests applies, in writing, temporary practice status 
 26.9   with the commissioner on an application form according to 
 26.10  section 148C.0351 provided by the commissioner, which includes 
 26.11  the nonrefundable license temporary permit fee as specified in 
 26.12  section 148C.12 and an affirmation by the person's supervisor, 
 26.13  as defined in paragraph (b) (c), clause (1), and which is signed 
 26.14  and dated by the person and the person's supervisor; and 
 26.15     (3) has not been disqualified to practice temporarily on 
 26.16  the basis of a background investigation under section 148C.09, 
 26.17  subdivision 1a; and.  
 26.18     (4) has been notified (b) The commissioner must notify the 
 26.19  person in writing within 90 days from the date the completed 
 26.20  application and all required information is received by the 
 26.21  commissioner that whether the person is qualified to practice 
 26.22  under this subdivision. 
 26.23     (b) (c) A person practicing under this subdivision: 
 26.24     (1) may practice only in a program licensed by the 
 26.25  department of human services and under tribal jurisdiction or 
 26.26  under the direct, on-site supervision of a person who is 
 26.27  licensed under this chapter and employed in that licensed 
 26.28  program; 
 26.29     (2) is subject to the rules of professional conduct set by 
 26.30  rule; and 
 26.31     (3) is not subject to the continuing education requirements 
 26.32  of section 148C.05 148C.075. 
 26.33     (c) A person practicing under this subdivision may not must 
 26.34  use with the public any the title or description stating or 
 26.35  implying that the person is licensed to engage a trainee engaged 
 26.36  in the practice of alcohol and drug counseling. 
 27.1      (d) The temporary status of A person applying for temporary 
 27.2   practice practicing under this subdivision expires on the date 
 27.3   the commissioner grants or denies licensing must annually submit 
 27.4   a renewal application on forms provided by the commissioner with 
 27.5   the renewal fee required in section 148C.12, subdivision 3, and 
 27.6   the commissioner may renew the temporary permit if the trainee 
 27.7   meets the requirements of this subdivision.  A trainee may renew 
 27.8   a practice permit no more than five times. 
 27.9      (e) A temporary permit expires if not renewed, upon a 
 27.10  change of employment of the trainee or upon a change in 
 27.11  supervision, or upon the granting or denial by the commissioner 
 27.12  of a license.  
 27.13     Subd. 7.  [EFFECT AND SUSPENSION OF TEMPORARY PRACTICE.] 
 27.14  Approval of a person's application for temporary practice 
 27.15  creates no rights to or expectation of approval from the 
 27.16  commissioner for licensure as an alcohol and drug counselor.  
 27.17  The commissioner may suspend or restrict a person's temporary 
 27.18  practice status according to section 148C.09. 
 27.19     [EFFECTIVE DATE.] Subdivisions 1, 2, 3, 4, and 5, are 
 27.20  effective January 28, 2003.  Subdivision 6 is effective July 1, 
 27.21  2003.  
 27.22     Sec. 35.  [148C.045] [ALCOHOL AND DRUG COUNSELOR 
 27.23  TECHNICIAN.] 
 27.24     An alcohol and drug counselor technician may perform the 
 27.25  services described in section 148C.01, subdivision 9, paragraphs 
 27.26  (1), (2), and (3), while under the direct supervision of a 
 27.27  licensed alcohol and drug counselor.  
 27.28     Sec. 36.  Minnesota Statutes 2002, section 148C.05, 
 27.29  subdivision 1, is amended to read: 
 27.30     Subdivision 1.  [BIENNIAL RENEWAL REQUIREMENTS.] To renew a 
 27.31  license, an applicant must: 
 27.32     (1) complete a renewal application every two years on a 
 27.33  form provided by the commissioner and submit the biennial 
 27.34  renewal fee by the deadline; and 
 27.35     (2) submit additional information if requested by the 
 27.36  commissioner to clarify information presented in the renewal 
 28.1   application.  This information must be submitted within 30 days 
 28.2   of the commissioner's request A license must be renewed every 
 28.3   two years.  
 28.4      Sec. 37.  Minnesota Statutes 2002, section 148C.05, is 
 28.5   amended by adding a subdivision to read: 
 28.6      Subd. 1a.  [RENEWAL REQUIREMENTS.] To renew a license, an 
 28.7   applicant must submit to the commissioner: 
 28.8      (1) a completed and signed application for license renewal, 
 28.9   including a signed consent authorizing the commissioner to 
 28.10  obtain information about the applicant from third parties, 
 28.11  including, but not limited to, employers, former employers, and 
 28.12  law enforcement agencies; 
 28.13     (2) the renewal fee required under section 148C.12; and 
 28.14     (3) additional information as requested by the commissioner 
 28.15  to clarify information presented in the renewal application.  
 28.16  The licensee must submit information within 30 days of the date 
 28.17  of the commissioner's request.  
 28.18     Sec. 38.  Minnesota Statutes 2002, section 148C.05, is 
 28.19  amended by adding a subdivision to read: 
 28.20     Subd. 5.  [LICENSE RENEWAL NOTICE.] At least 60 calendar 
 28.21  days before the renewal deadline date in subdivision 6, the 
 28.22  commissioner shall mail a renewal notice to the licensee's last 
 28.23  known address on file with the commissioner.  The notice must 
 28.24  include an application for license renewal, the renewal 
 28.25  deadline, and notice of fees required for renewal.  The 
 28.26  licensee's failure to receive notice does not relieve the 
 28.27  licensee of the obligation to meet the renewal deadline and 
 28.28  other requirements for license renewal.  
 28.29     Sec. 39.  Minnesota Statutes 2002, section 148C.05, is 
 28.30  amended by adding a subdivision to read: 
 28.31     Subd. 6.  [RENEWAL DEADLINE AND LAPSE OF LICENSURE.] (a) 
 28.32  Licensees must comply with paragraphs (b) to (d).  
 28.33     (b) Each license certificate must state an expiration 
 28.34  date.  An application for license renewal must be received by 
 28.35  the commissioner or postmarked at least 30 calendar days before 
 28.36  the expiration date.  If the postmark is illegible, the 
 29.1   application must be considered timely if received at least 21 
 29.2   calendar days before the expiration date.  
 29.3      (c) An application for license renewal not received within 
 29.4   the time required under paragraph (b) must be accompanied by a 
 29.5   late fee in addition to the renewal fee required in section 
 29.6   148C.12.  
 29.7      (d) A licensee's license lapses if the licensee fails to 
 29.8   submit to the commissioner a license renewal application by the 
 29.9   licensure expiration date.  A licensee shall not engage in the 
 29.10  practice of alcohol and drug counseling while the license is 
 29.11  lapsed.  A licensee whose license has lapsed may renew the 
 29.12  license by complying with section 148C.06.  
 29.13     Sec. 40.  [148C.055] [INACTIVE OR LAPSED LICENSE.] 
 29.14     Subdivision 1.  [INACTIVE LICENSE STATUS.] Unless a 
 29.15  complaint is pending against the licensee, a licensee whose 
 29.16  license is in good standing may request, in writing, that the 
 29.17  license be placed on the inactive list.  If a complaint is 
 29.18  pending against a licensee, a license may not be placed on the 
 29.19  inactive list until action relating to the complaint is 
 29.20  concluded.  The commissioner must receive the request for 
 29.21  inactive status before expiration of the license.  A request for 
 29.22  inactive status received after the license expiration date must 
 29.23  be denied.  A licensee may renew a license that is inactive 
 29.24  under this subdivision by meeting the renewal requirements of 
 29.25  section 148C.06, subdivision 2, except that payment of a late 
 29.26  renewal fee is not required.  A licensee must not practice 
 29.27  alcohol and drug counseling while the license is inactive.  
 29.28     Subd. 2.  [RENEWAL OF INACTIVE LICENSE.] A licensee whose 
 29.29  license is inactive shall renew the inactive status by the 
 29.30  inactive status expiration date determined by the commissioner 
 29.31  or the license will lapse.  An application for renewal of 
 29.32  inactive status must include evidence satisfactory to the 
 29.33  commissioner that the licensee has completed 40 clock hours of 
 29.34  continuing professional education required in section 148C.075 
 29.35  and be received by the commissioner at least 30 calendar days 
 29.36  before the expiration date.  If the postmark is illegible, the 
 30.1   application must be considered timely if received at least 21 
 30.2   calendar days before the expiration date.  Late renewal of 
 30.3   inactive status must be accompanied by a late fee as required in 
 30.4   section 148C.12.  
 30.5      Subd. 3.  [RENEWAL OF LAPSED LICENSE.] An individual whose 
 30.6   license has lapsed for less than two years may renew the license 
 30.7   by submitting:  
 30.8      (1) a completed and signed license renewal application; 
 30.9      (2) the inactive license renewal fee or the renewal fee and 
 30.10  the late fee as required under section 148C.12; and 
 30.11     (3) proof of having met the continuing education 
 30.12  requirements in section 148C.075 since the individual's initial 
 30.13  licensure or last license renewal.  The license issued is then 
 30.14  effective for the remainder of the next two-year license cycle.  
 30.15     Subd. 4.  [LICENSE RENEWAL FOR TWO YEARS OR MORE AFTER 
 30.16  LICENSE EXPIRATION DATE.] An individual who submitted a license 
 30.17  renewal two years or more after the license expiration date must 
 30.18  submit the following:  
 30.19     (1) a completed and signed application for licensure, as 
 30.20  required by section 148C.0351; 
 30.21     (2) the initial license fee as required in section 148C.12; 
 30.22  and 
 30.23     (3) verified documentation of having achieved a passing 
 30.24  score within the past year on an examination required by the 
 30.25  commissioner.  
 30.26     Sec. 41.  Minnesota Statutes 2002, section 148C.07, is 
 30.27  amended to read: 
 30.28     148C.07 [RECIPROCITY.] 
 30.29     The commissioner shall issue an appropriate license to (a) 
 30.30  An individual who holds a current license or other credential to 
 30.31  engage in alcohol and drug counseling national certification as 
 30.32  an alcohol and drug counselor from another jurisdiction if the 
 30.33  commissioner finds that the requirements for that credential are 
 30.34  substantially similar to the requirements in sections 148C.01 to 
 30.35  148C.11 must file with the commissioner a completed application 
 30.36  for licensure by reciprocity containing the information required 
 31.1   under this section.  
 31.2      (b) The applicant must request the credentialing authority 
 31.3   of the jurisdiction in which the credential is held to send 
 31.4   directly to the commissioner a statement that the credential is 
 31.5   current and in good standing, the applicant's qualifications 
 31.6   that entitled the applicant to the credential, and a copy of the 
 31.7   jurisdiction's credentialing laws and rules that were in effect 
 31.8   at the time the applicant obtained the credential.  
 31.9      (c) The commissioner shall issue a license if the 
 31.10  commissioner finds that the requirements, which the applicant 
 31.11  had to meet to obtain the credential from the other jurisdiction 
 31.12  were substantially similar to the current requirements for 
 31.13  licensure in this chapter, and the applicant is not otherwise 
 31.14  disqualified under section 148C.09.  
 31.15     Sec. 42.  [148C.075] [CONTINUING EDUCATION REQUIREMENTS.] 
 31.16     Subdivision 1.  [GENERAL REQUIREMENTS.] The commissioner 
 31.17  shall establish a two-year continuing education reporting 
 31.18  schedule requiring licensees to report completion of the 
 31.19  requirements of this section.  Licensees must document 
 31.20  completion of a minimum of 40 clock hours of continuing 
 31.21  education activities each reporting period.  A licensee may be 
 31.22  given credit only for activities that directly relate to the 
 31.23  practice of alcohol and drug counseling, the core functions, or 
 31.24  the rules of professional conduct in Minnesota Rules, part 
 31.25  4747.1400.  The continuing education reporting form must require 
 31.26  reporting of the following information:  
 31.27     (1) the continuing education activity title; 
 31.28     (2) a brief description of the continuing education 
 31.29  activity; 
 31.30     (3) the sponsor, presenter, or author; 
 31.31     (4) the location and attendance dates; 
 31.32     (5) the number of clock hours; and 
 31.33     (6) a statement that the information is true and correct to 
 31.34  the best knowledge of the licensee.  
 31.35     Only continuing education obtained during the previous 
 31.36  two-year reporting period may be considered at the time of 
 32.1   reporting.  Clock hours must be earned and reported in 
 32.2   increments of one-half clock hours with a minimum of one clock 
 32.3   hour for each continuing education activity.  
 32.4      Subd. 2.  [CONTINUING EDUCATION REQUIREMENTS FOR LICENSEE'S 
 32.5   FIRST FOUR YEARS.] A licensee must, as part of meeting the clock 
 32.6   hour requirement of this section, obtain and document 18 hours 
 32.7   of cultural diversity training within the first four years after 
 32.8   the licensee's initial license effective date according to the 
 32.9   commissioner's reporting schedule.  
 32.10     Subd. 3.  [CONTINUING EDUCATION REQUIREMENTS AFTER 
 32.11  LICENSEE'S INITIAL FOUR YEARS.] Beginning four years following a 
 32.12  licensee's initial license effective date and according to the 
 32.13  board's reporting schedule, a licensee must document completion 
 32.14  of a minimum of six clock hours each reporting period of 
 32.15  cultural diversity training.  Licensees must also document 
 32.16  completion of six clock hours in courses directly related to the 
 32.17  rules of professional conduct in Minnesota Rules, part 4747.1400.
 32.18     Subd. 4.  [STANDARDS FOR APPROVAL.] In order to obtain 
 32.19  clock hour credit for a continuing education activity, the 
 32.20  activity must: 
 32.21     (1) constitute an organized program of learning; 
 32.22     (2) reasonably be expected to advance the knowledge and 
 32.23  skills of the alcohol and drug counselor; 
 32.24     (3) pertain to subjects that directly relate to the 
 32.25  practice of alcohol and drug counseling and the core functions 
 32.26  of an alcohol and drug counselor or the rules of professional 
 32.27  conduct in Minnesota Rules, part 4747.1400; 
 32.28     (4) be conducted by individuals who have education, 
 32.29  training, and experience and are knowledgeable about the subject 
 32.30  matter; and 
 32.31     (5) be presented by a sponsor who has a system to verify 
 32.32  participation and maintains attendance records for three years, 
 32.33  unless the sponsor provides dated evidence to each participant 
 32.34  with the number of clock hours awarded.  
 32.35     Sec. 43.  Minnesota Statutes 2002, section 148C.10, 
 32.36  subdivision 1, is amended to read: 
 33.1      Subdivision 1.  [PRACTICE.] After the commissioner adopts 
 33.2   rules, No individual person, other than those individuals 
 33.3   exempted under section 148C.045 or 148C.11, shall engage in 
 33.4   alcohol and drug counseling practice unless that individual 
 33.5   holds a valid license without first being licensed under this 
 33.6   chapter as an alcohol and drug counselor.  For purposes of this 
 33.7   chapter, an individual engages in the practice of alcohol and 
 33.8   drug counseling if the individual performs or offers to perform 
 33.9   alcohol and drug counseling services as defined in section 
 33.10  148C.01, subdivision 10, or if the individual is held out as 
 33.11  able to perform those services.  
 33.12     Sec. 44.  Minnesota Statutes 2002, section 148C.10, 
 33.13  subdivision 2, is amended to read: 
 33.14     Subd. 2.  [USE OF TITLES.] After the commissioner adopts 
 33.15  rules, No individual person shall present themselves or any 
 33.16  other individual to the public by any title incorporating the 
 33.17  words "licensed alcohol and drug counselor" or otherwise hold 
 33.18  themselves out to the public by any title or description stating 
 33.19  or implying that they are licensed or otherwise qualified to 
 33.20  practice alcohol and drug counseling unless that individual 
 33.21  holds a valid license.  City, county, and state agency alcohol 
 33.22  and drug counselors who are not licensed under sections 148C.01 
 33.23  to 148C.11 may use the title "city agency alcohol and drug 
 33.24  counselor," "county agency alcohol and drug counselor," or 
 33.25  "state agency alcohol and drug counselor."  Hospital alcohol and 
 33.26  drug counselors who are not licensed under sections 148C.01 to 
 33.27  148C.11 may use the title "hospital alcohol and drug counselor" 
 33.28  while acting within the scope of their employment Persons issued 
 33.29  a temporary permit must use titles consistent with section 
 33.30  148C.04, subdivision 6, paragraph (c). 
 33.31     Sec. 45.  Minnesota Statutes 2002, section 148C.11, is 
 33.32  amended to read: 
 33.33     148C.11 [EXCEPTIONS TO LICENSE REQUIREMENT.] 
 33.34     Subdivision 1.  [OTHER PROFESSIONALS.] (a) Nothing in 
 33.35  sections 148C.01 to 148C.10 shall prevent this chapter prevents 
 33.36  members of other professions or occupations from performing 
 34.1   functions for which they are qualified or licensed.  This 
 34.2   exception includes, but is not limited to, licensed physicians, 
 34.3   registered nurses, licensed practical nurses, licensed 
 34.4   psychological practitioners, members of the clergy, American 
 34.5   Indian medicine men and women, licensed attorneys, probation 
 34.6   officers, licensed marriage and family therapists, licensed 
 34.7   social workers, licensed professional counselors, licensed 
 34.8   school counselors, and registered occupational therapists or 
 34.9   occupational therapy assistants. 
 34.10     (b) Nothing in this chapter prohibits technicians and 
 34.11  resident managers in programs licensed by the department of 
 34.12  human services from discharging their duties as provided in 
 34.13  Minnesota Rules, chapter 9530.  
 34.14     (c) Any person who is exempt under this section but who 
 34.15  elects to obtain a license under this chapter is subject to this 
 34.16  chapter to the same extent as other licensees.  
 34.17     (d) These persons must not, however, use a title 
 34.18  incorporating the words "alcohol and drug counselor" or 
 34.19  "licensed alcohol and drug counselor" or otherwise hold 
 34.20  themselves out to the public by any title or description stating 
 34.21  or implying that they are engaged in the practice of alcohol and 
 34.22  drug counseling, or that they are licensed to engage in the 
 34.23  practice of alcohol and drug counseling.  Persons engaged in the 
 34.24  practice of alcohol and drug counseling are not exempt from the 
 34.25  commissioner's jurisdiction solely by the use of one of the 
 34.26  above titles. 
 34.27     Subd. 2.  [STUDENTS.] Nothing in sections 148C.01 to 
 34.28  148C.10 shall prevent students enrolled in an accredited school 
 34.29  of alcohol and drug counseling from engaging in the practice of 
 34.30  alcohol and drug counseling while under qualified supervision in 
 34.31  an accredited school of alcohol and drug counseling.  
 34.32     Subd. 3.  [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.] 
 34.33  (a) Alcohol and drug counselors licensed to practice practicing 
 34.34  alcohol and drug counseling according to standards established 
 34.35  by federally recognized tribes, while practicing under tribal 
 34.36  jurisdiction, are exempt from the requirements of this chapter.  
 35.1   In practicing alcohol and drug counseling under tribal 
 35.2   jurisdiction, individuals licensed practicing under that 
 35.3   authority shall be afforded the same rights, responsibilities, 
 35.4   and recognition as persons licensed pursuant to this chapter. 
 35.5      (b) The commissioner shall develop special licensing 
 35.6   criteria for issuance of a license to alcohol and drug 
 35.7   counselors who:  (1) practice alcohol and drug counseling with a 
 35.8   member of an ethnic minority population or with a person with a 
 35.9   disability as defined by rule; or (2) are employed by agencies 
 35.10  whose primary agency service focus addresses ethnic minority 
 35.11  populations or persons with a disability as defined by rule.  
 35.12  These licensing criteria may differ from the licensing 
 35.13  criteria requirements specified in section 148C.04.  To develop, 
 35.14  implement, and evaluate the effect of these criteria, the 
 35.15  commissioner shall establish a committee comprised of, but not 
 35.16  limited to, representatives from the Minnesota commission 
 35.17  serving deaf and hard-of-hearing people, the council on affairs 
 35.18  of Chicano/Latino people, the council on Asian-Pacific 
 35.19  Minnesotans, the council on Black Minnesotans, the council on 
 35.20  disability, and the Indian affairs council.  The committee does 
 35.21  not expire. 
 35.22     (c) The commissioner shall issue a license to an applicant 
 35.23  who (1) is an alcohol and drug counselor who is exempt under 
 35.24  paragraph (a) from the requirements of this chapter; (2) has at 
 35.25  least 2,000 hours of alcohol and drug counselor experience as 
 35.26  defined by the core functions; and (3) meets the licensing 
 35.27  requirements that are in effect on the date of application under 
 35.28  section 148C.04, subdivision 3 or 4, except the written case 
 35.29  presentation and oral examination component under section 
 35.30  148C.04, subdivision 3, clause (2), or 4, clause (1), item 
 35.31  (ii).  When applying for a license under this paragraph, an 
 35.32  applicant must follow the procedures for admission to licensure 
 35.33  specified under section 148C.0351.  A person who receives a 
 35.34  license under this paragraph must complete the written case 
 35.35  presentation and satisfactorily pass the oral examination 
 35.36  component under section 148C.04, subdivision 3, clause (2), or 
 36.1   4, clause (1), item (ii), at the earliest available opportunity 
 36.2   after the commissioner begins administering oral examinations.  
 36.3   The commissioner may suspend or restrict a person's license 
 36.4   according to section 148C.09 if the person fails to complete the 
 36.5   written case presentation and satisfactorily pass the oral 
 36.6   examination.  This paragraph expires July 1, 2004. 
 36.7      Subd. 4.  [HOSPITAL ALCOHOL AND DRUG COUNSELORS.] The 
 36.8   licensing of hospital alcohol and drug counselors shall be 
 36.9   voluntary, while the counselor is employed by the hospital.  
 36.10  Effective January 1, 2006, hospitals employing alcohol and drug 
 36.11  counselors shall not be required to employ licensed alcohol and 
 36.12  drug counselors, nor shall they require their alcohol and drug 
 36.13  counselors to be licensed, however, nothing in this chapter will 
 36.14  prohibit hospitals from requiring their counselors to be 
 36.15  eligible for licensure.  An alcohol or drug counselor employed 
 36.16  by a hospital must be licensed as an alcohol and drug counselor 
 36.17  in accordance with this chapter.  
 36.18     Subd. 5.  [CITY, COUNTY, AND STATE AGENCY ALCOHOL AND DRUG 
 36.19  COUNSELORS.] The licensing of city, county, and state agency 
 36.20  alcohol and drug counselors shall be voluntary, while the 
 36.21  counselor is employed by the city, county, or state agency.  
 36.22  Effective January 1, 2006, city, county, and state agencies 
 36.23  employing alcohol and drug counselors shall not be required to 
 36.24  employ licensed alcohol and drug counselors, nor shall they 
 36.25  require their drug and alcohol counselors to be licensed.  An 
 36.26  alcohol and drug counselor employed by a city, county, or state 
 36.27  agency must be licensed as an alcohol and drug counselor in 
 36.28  accordance with this chapter.  
 36.29     Subd. 6.  [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY, 
 36.30  AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period 
 36.31  between July 1, 2003, and January 1, 2006, the commissioner 
 36.32  shall grant a license to an individual who is employed as an 
 36.33  alcohol and drug counselor at a Minnesota hospital or a city, 
 36.34  county, or state agency in Minnesota if the individual:  
 36.35     (1) was employed as an alcohol and drug counselor at a 
 36.36  hospital or a city, county, or state agency before August 1, 
 37.1   2002; 
 37.2      (2) has 8,000 hours of alcohol and drug counselor work 
 37.3   experience; 
 37.4      (3) has completed a written case presentation and 
 37.5   satisfactorily passed an oral examination established by the 
 37.6   commissioner; 
 37.7      (4) has satisfactorily passed a written examination as 
 37.8   established by the commissioner; and 
 37.9      (5) meets the requirements in section 148C.0351.  
 37.10     Sec. 46.  [148C.12] [FEES.] 
 37.11     Subdivision 1.  [APPLICATION FEE.] The application fee is 
 37.12  $295.  
 37.13     Subd. 2.  [BIENNIAL RENEWAL FEE.] The license renewal fee 
 37.14  is $295.  If the commissioner changes the renewal schedule and 
 37.15  the expiration date is less than two years, the fee must be 
 37.16  prorated.  
 37.17     Subd. 3.  [TEMPORARY PERMIT FEE.] The initial fee for 
 37.18  applicants under section 148C.04, subdivision 6, paragraph (a), 
 37.19  is $100.  The fee for annual renewal of a temporary permit is 
 37.20  $100.  
 37.21     Subd. 4.  [EXAMINATION FEE.] The examination fee for the 
 37.22  written examination is $95 and for the oral examination is $200. 
 37.23     Subd. 5.  [INACTIVE RENEWAL FEE.] The inactive renewal fee 
 37.24  is $150.  
 37.25     Subd. 6.  [LATE FEE.] The late fee is 25 percent of the 
 37.26  biennial renewal fee, the inactive renewal fee, or the annual 
 37.27  fee for renewal of temporary practice status.  
 37.28     Subd. 7.  [FEE TO RENEW AFTER EXPIRATION OF LICENSE.] The 
 37.29  fee for renewal of a license that has expired for less than two 
 37.30  years is the total of the biennial renewal fee, the late fee, 
 37.31  and a fee of $100 for review and approval of the continuing 
 37.32  education report.  
 37.33     Subd. 8.  [FEE FOR LICENSE VERIFICATIONS.] The fee for 
 37.34  license verification to institutions and other jurisdictions is 
 37.35  $25.  
 37.36     Subd. 9.  [SURCHARGE FEE.] Notwithstanding section 
 38.1   16A.1285, subdivision 2, a surcharge of $99 shall be paid at the 
 38.2   time of initial application for or renewal of an alcohol and 
 38.3   drug counselor license until June 30, 2013.  
 38.4      Subd. 10.  [NONREFUNDABLE FEES.] All fees are nonrefundable.
 38.5      Sec. 47.  Minnesota Statutes 2002, section 214.01, 
 38.6   subdivision 2, is amended to read: 
 38.7      Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related 
 38.8   licensing board" means the board of examiners of nursing home 
 38.9   administrators established pursuant to section 144A.19, the 
 38.10  office of unlicensed complementary and alternative health care 
 38.11  practice established pursuant to section 146A.02, the board of 
 38.12  medical practice created pursuant to section 147.01, the board 
 38.13  of nursing created pursuant to section 148.181, the board of 
 38.14  chiropractic examiners established pursuant to section 148.02, 
 38.15  the board of optometry established pursuant to section 148.52, 
 38.16  the board of physical therapy established pursuant to section 
 38.17  148.67, the board of psychology established pursuant to section 
 38.18  148.90, the board of social work pursuant to section 148B.19, 
 38.19  the board of marriage and family therapy pursuant to section 
 38.20  148B.30, the office of mental health practice established 
 38.21  pursuant to section 148B.61, the board of licensed professional 
 38.22  counseling established by section 148B.51, the alcohol and drug 
 38.23  counselors licensing advisory council established pursuant to 
 38.24  section 148C.02, the board of dietetics and nutrition practice 
 38.25  established under section 148.622, the board of dentistry 
 38.26  established pursuant to section 150A.02, the board of pharmacy 
 38.27  established pursuant to section 151.02, the board of podiatric 
 38.28  medicine established pursuant to section 153.02, and the board 
 38.29  of veterinary medicine, established pursuant to section 156.01. 
 38.30     Sec. 48.  Minnesota Statutes 2002, section 214.04, 
 38.31  subdivision 3, is amended to read: 
 38.32     Subd. 3.  [OFFICERS; STAFF.] The executive director of each 
 38.33  health-related board and the executive secretary of each 
 38.34  non-health-related board shall be the chief administrative 
 38.35  officer for the board but shall not be a member of the board.  
 38.36  The executive director or executive secretary shall maintain the 
 39.1   records of the board, account for all fees received by it, 
 39.2   supervise and direct employees servicing the board, and perform 
 39.3   other services as directed by the board.  The executive 
 39.4   directors, executive secretaries, and other employees of the 
 39.5   following boards shall be hired by the board, and the executive 
 39.6   directors or executive secretaries shall be in the unclassified 
 39.7   civil service, except as provided in this subdivision:  
 39.8      (1) dentistry; 
 39.9      (2) medical practice; 
 39.10     (3) nursing; 
 39.11     (4) pharmacy; 
 39.12     (5) accountancy; 
 39.13     (6) architecture, engineering, land surveying, landscape 
 39.14  architecture, geoscience, and interior design; 
 39.15     (7) barber examiners; 
 39.16     (8) cosmetology; 
 39.17     (9) electricity; 
 39.18     (10) teaching; 
 39.19     (11) peace officer standards and training; 
 39.20     (12) social work; 
 39.21     (13) marriage and family therapy; and 
 39.22     (14) dietetics and nutrition practice; and 
 39.23     (15) licensed professional counseling. 
 39.24     The executive directors or executive secretaries serving 
 39.25  the boards are hired by those boards and are in the unclassified 
 39.26  civil service, except for part-time executive directors or 
 39.27  executive secretaries, who are not required to be in the 
 39.28  unclassified service.  Boards not requiring full-time executive 
 39.29  directors or executive secretaries may employ them on a 
 39.30  part-time basis.  To the extent practicable, the sharing of 
 39.31  part-time executive directors or executive secretaries by boards 
 39.32  being serviced by the same department is encouraged.  Persons 
 39.33  providing services to those boards not listed in this 
 39.34  subdivision, except executive directors or executive secretaries 
 39.35  of the boards and employees of the attorney general, are 
 39.36  classified civil service employees of the department servicing 
 40.1   the board.  To the extent practicable, the commissioner shall 
 40.2   ensure that staff services are shared by the boards being 
 40.3   serviced by the department.  If necessary, a board may hire 
 40.4   part-time, temporary employees to administer and grade 
 40.5   examinations. 
 40.6      Sec. 49.  Minnesota Statutes 2002, section 214.10, 
 40.7   subdivision 9, is amended to read: 
 40.8      Subd. 9.  [ACTS AGAINST MINORS.] (a) As used in this 
 40.9   subdivision, the following terms have the meanings given them. 
 40.10     (1) "Licensed person" means a person who is licensed under 
 40.11  this chapter by the board of nursing, the board of psychology, 
 40.12  the social work licensing board, the board of marriage and 
 40.13  family therapy, the board of unlicensed mental health service 
 40.14  providers, the board of licensed professional counseling, or the 
 40.15  board of teaching. 
 40.16     (2) "Crime against a minor" means conduct that constitutes 
 40.17  a violation of section 609.185, 609.19, 609.195, 609.20, 
 40.18  609.205, 609.21, 609.215, 609.221, 609.222, 609.223, 609.342, 
 40.19  609.343, 609.345, or a felony violation of section 609.377. 
 40.20     (b) In any license revocation proceeding, there is a 
 40.21  rebuttable presumption that a licensed person who is convicted 
 40.22  in a court of competent jurisdiction of committing a crime 
 40.23  against a minor is unfit to practice the profession or 
 40.24  occupation for which that person is licensed. 
 40.25     Sec. 50.  Minnesota Statutes 2002, section 609.341, 
 40.26  subdivision 17, is amended to read: 
 40.27     Subd. 17.  "Psychotherapist" means a person who is or 
 40.28  purports to be a physician, psychologist, nurse, chemical 
 40.29  dependency counselor, social worker, marriage and family 
 40.30  therapist, licensed professional counselor, or other mental 
 40.31  health service provider; or any other person, whether or not 
 40.32  licensed by the state, who performs or purports to perform 
 40.33  psychotherapy. 
 40.34     Sec. 51.  [INITIAL BOARD.] 
 40.35     Notwithstanding Minnesota Statutes, section 148B.51, 
 40.36  members of the first board appointed under that section need not 
 41.1   be licensed, but must meet all qualifications, other than 
 41.2   payment of fees, to be eligible for licensure under Minnesota 
 41.3   Statutes, sections 148B.50 to 148B.593. 
 41.4      Sec. 52.  [INTERAGENCY AGREEMENT.] 
 41.5      The board of licensed professional counselors and the board 
 41.6   of psychology shall enter into an interagency agreement for 
 41.7   shared administrative services. 
 41.8      Sec. 53.  [TRANSFER OF REGULATORY AUTHORITY.] 
 41.9      Effective July 1, 2006, the regulatory authority for 
 41.10  licensed alcohol and drug counselors under Minnesota Statutes, 
 41.11  chapter 148C, shall be transferred from the commissioner of 
 41.12  health to the board of licensed professional counseling created 
 41.13  under Minnesota Statutes, section 148B.51. 
 41.14     Sec. 54.  [APPROPRIATION.] 
 41.15     $175,000 in fiscal year 2004 and $145,000 in fiscal year 
 41.16  2005 are appropriated from the state government special revenue 
 41.17  fund to the professional counseling licensing board for the 
 41.18  purposes of sections 148B.50 to 148B.593 to be available until 
 41.19  July 1, 2004. 
 41.20     Sec. 55.  [REVISOR INSTRUCTION.] 
 41.21     The revisor of statutes shall insert the "board of licensed 
 41.22  professional counseling" or "board" wherever "commissioner of 
 41.23  health" or "commissioner" appears in Minnesota Statutes, chapter 
 41.24  148C, and Minnesota Rules, chapter 4747.  
 41.25     Sec. 56.  [REPEALER.] 
 41.26     (a) Minnesota Statutes 2002, sections 148B.60; 148B.61; 
 41.27  148B.63; 148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69; 
 41.28  148B.70; and 148B.71, are repealed. 
 41.29     [EFFECTIVE DATE.] This paragraph is effective July 1, 2006. 
 41.30     (b) Minnesota Statutes 2002, sections 148C.0351, 
 41.31  subdivision 2; 148C.05, subdivisions 2, 3, and 4; 148C.06; and 
 41.32  148C.10, subdivision 1a, are repealed.  
 41.33     (c) Minnesota Rules, parts 4747.0030, subparts 25, 28, and 
 41.34  30; 4747.0040, subpart 3, item A; 4747.0060, subpart 1, items A, 
 41.35  B, and D; 4747.0070, subparts 4 and 5; 4747.0080; 4747.0090; 
 41.36  4747.0100; 4747.0300; 4747.0400, subparts 2 and 3; 4747.0500; 
 42.1   4747.0600; 4747.1000; 4747.1100, subpart 3; and 4747.1600, are 
 42.2   repealed. 
 42.3      (d) Minnesota Statutes 2002, sections 148B.30; and 148C.01, 
 42.4   subdivision 6, are repealed. 
 42.5      [EFFECTIVE DATE.] This paragraph is effective July 1, 2005. 
 42.6      Sec. 57.  [EFFECTIVE DATE.] 
 42.7      This act is effective July 1, 2003.