HF 342

as introduced - 81st Legislature (1999 - 2000) 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 mental health counseling; 
  1.4             requiring professional mental health counselors to be 
  1.5             licensed; requiring rulemaking; providing penalties; 
  1.6             appropriating money; amending Minnesota Statutes 1998, 
  1.7             sections 116J.70, subdivision 2a; 148A.01, subdivision 
  1.8             5; 148B.60, subdivision 3; 214.01, subdivision 2; 
  1.9             214.04, subdivision 3; and 609.341, subdivision 17; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapter 148B. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 116J.70, 
  1.14  subdivision 2a, is amended to read: 
  1.15     Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
  1.16  "license" does not include the following:  
  1.17     (1) any occupational license or registration issued by a 
  1.18  licensing board listed in section 214.01 or any occupational 
  1.19  registration issued by the commissioner of health pursuant to 
  1.20  section 214.13; 
  1.21     (2) any license issued by a county, home rule charter city, 
  1.22  statutory city, township, or other political subdivision; 
  1.23     (3) any license required to practice the following 
  1.24  occupation regulated by the following sections:  
  1.25     (i) abstracters regulated pursuant to chapter 386; 
  1.26     (ii) accountants regulated pursuant to chapter 326; 
  1.27     (iii) adjusters regulated pursuant to chapter 72B; 
  1.28     (iv) architects regulated pursuant to chapter 326; 
  2.1      (v) assessors regulated pursuant to chapter 270; 
  2.2      (vi) athletic trainers regulated pursuant to chapter 148; 
  2.3      (vii) attorneys regulated pursuant to chapter 481; 
  2.4      (viii) auctioneers regulated pursuant to chapter 330; 
  2.5      (ix) barbers regulated pursuant to chapter 154; 
  2.6      (x) beauticians regulated pursuant to chapter 155A; 
  2.7      (xi) boiler operators regulated pursuant to chapter 183; 
  2.8      (xii) chiropractors regulated pursuant to chapter 148; 
  2.9      (xiii) collection agencies regulated pursuant to chapter 
  2.10  332; 
  2.11     (xiv) cosmetologists regulated pursuant to chapter 155A; 
  2.12     (xv) dentists, registered dental assistants, and dental 
  2.13  hygienists regulated pursuant to chapter 150A; 
  2.14     (xvi) detectives regulated pursuant to chapter 326; 
  2.15     (xvii) electricians regulated pursuant to chapter 326; 
  2.16     (xviii) mortuary science practitioners regulated pursuant 
  2.17  to chapter 149A; 
  2.18     (xix) engineers regulated pursuant to chapter 326; 
  2.19     (xx) insurance brokers and salespersons regulated pursuant 
  2.20  to chapter 60A; 
  2.21     (xxi) certified interior designers regulated pursuant to 
  2.22  chapter 326; 
  2.23     (xxii) midwives regulated pursuant to chapter 148; 
  2.24     (xxiii) nursing home administrators regulated pursuant to 
  2.25  chapter 144A; 
  2.26     (xxiv) optometrists regulated pursuant to chapter 148; 
  2.27     (xxv) osteopathic physicians regulated pursuant to chapter 
  2.28  147; 
  2.29     (xxvi) pharmacists regulated pursuant to chapter 151; 
  2.30     (xxvii) physical therapists regulated pursuant to chapter 
  2.31  148; 
  2.32     (xxviii) physician assistants regulated pursuant to chapter 
  2.33  147A; 
  2.34     (xxix) physicians and surgeons regulated pursuant to 
  2.35  chapter 147; 
  2.36     (xxx) plumbers regulated pursuant to chapter 326; 
  3.1      (xxxi) podiatrists regulated pursuant to chapter 153; 
  3.2      (xxxii) practical nurses regulated pursuant to chapter 148; 
  3.3      (xxxiii) professional fund raisers regulated pursuant to 
  3.4   chapter 309; 
  3.5      (xxxiv) psychologists regulated pursuant to chapter 148; 
  3.6      (xxxv) real estate brokers, salespersons, and others 
  3.7   regulated pursuant to chapters 82 and 83; 
  3.8      (xxxvi) registered nurses regulated pursuant to chapter 
  3.9   148; 
  3.10     (xxxvii) securities brokers, dealers, agents, and 
  3.11  investment advisers regulated pursuant to chapter 80A; 
  3.12     (xxxviii) steamfitters regulated pursuant to chapter 326; 
  3.13     (xxxix) teachers and supervisory and support personnel 
  3.14  regulated pursuant to chapter 125; 
  3.15     (xl) veterinarians regulated pursuant to chapter 156; 
  3.16     (xli) water conditioning contractors and installers 
  3.17  regulated pursuant to chapter 326; 
  3.18     (xlii) water well contractors regulated pursuant to chapter 
  3.19  103I; 
  3.20     (xliii) water and waste treatment operators regulated 
  3.21  pursuant to chapter 115; 
  3.22     (xliv) motor carriers regulated pursuant to chapter 221; 
  3.23     (xlv) professional corporations regulated pursuant to 
  3.24  chapter 319A or professional firms regulated under chapter 319B; 
  3.25     (xlvi) real estate appraisers regulated pursuant to chapter 
  3.26  82B; 
  3.27     (xlvii) residential building contractors, residential 
  3.28  remodelers, residential roofers, manufactured home installers, 
  3.29  and specialty contractors regulated pursuant to chapter 326; 
  3.30     (xlviii) professional mental health counselors regulated 
  3.31  pursuant to chapter 148B; 
  3.32     (4) any driver's license required pursuant to chapter 171; 
  3.33     (5) any aircraft license required pursuant to chapter 360; 
  3.34     (6) any watercraft license required pursuant to chapter 
  3.35  86B; 
  3.36     (7) any license, permit, registration, certification, or 
  4.1   other approval pertaining to a regulatory or management program 
  4.2   related to the protection, conservation, or use of or 
  4.3   interference with the resources of land, air, or water, which is 
  4.4   required to be obtained from a state agency or instrumentality; 
  4.5   and 
  4.6      (8) any pollution control rule or standard established by 
  4.7   the pollution control agency or any health rule or standard 
  4.8   established by the commissioner of health or any licensing rule 
  4.9   or standard established by the commissioner of human services.  
  4.10     Sec. 2.  Minnesota Statutes 1998, section 148A.01, 
  4.11  subdivision 5, is amended to read: 
  4.12     Subd. 5.  [PSYCHOTHERAPIST.] "Psychotherapist" means a 
  4.13  physician, psychologist, nurse, chemical dependency counselor, 
  4.14  social worker, member of the clergy, marriage and family 
  4.15  therapist, mental health service provider, professional mental 
  4.16  health counselor, or other person, whether or not licensed by 
  4.17  the state, who performs or purports to perform psychotherapy. 
  4.18      BOARD OF LICENSED PROFESSIONAL MENTAL HEALTH COUNSELING
  4.19     Sec. 3.  [148B.50] [DEFINITIONS.] 
  4.20     Subdivision 1.  [APPLICABILITY.] For the purposes of 
  4.21  sections 148B.50 to 148B.593, the following terms have the 
  4.22  meanings given.  
  4.23     Subd. 2.  [APPROVED SUPERVISOR.] "Approved supervisor" 
  4.24  means a licensed professional mental health counselor or other 
  4.25  qualified supervisor as determined by the board, who has four 
  4.26  years of mental health counseling experience and documents to 
  4.27  the board the completion of a training in counseling supervision 
  4.28  that included content and experiences relevant to the 
  4.29  supervision of mental health counselors, and provides the board 
  4.30  a statement detailing the person's supervision philosophy, 
  4.31  orientation, and experience. 
  4.32     Subd. 3.  [BOARD.] "Board" means the board of licensed 
  4.33  professional mental health counseling established by section 
  4.34  148B.51. 
  4.35     Subd. 4.  [PROFESSIONAL MENTAL HEALTH 
  4.36  COUNSELING.] "Professional mental health counseling" means 
  5.1   rendering or offering to render to individuals, groups, 
  5.2   organizations, or the general public mental health counseling 
  5.3   services for compensation involving the application of 
  5.4   principles, methods, or procedures of the mental health 
  5.5   counseling profession that include, but are not limited to: 
  5.6      (1) counseling, which means assisting an individual or 
  5.7   groups, through the counseling relationship, to develop 
  5.8   understanding of personal problems, to define goals, and to plan 
  5.9   action reflecting an individual's or group's interests, 
  5.10  abilities, and needs; 
  5.11     (2) professional assessment, which means selecting, 
  5.12  administering, scoring, and interpreting instruments designed to 
  5.13  assess an individual's attitudes, achievements, and interests 
  5.14  and the use of methods and techniques for understanding human 
  5.15  behavior in relation to coping with, adapting to, or changing 
  5.16  life situations; 
  5.17     (3) counseling, guidance, and personnel consulting, which 
  5.18  means interpreting or reporting on scientific fact or theory in 
  5.19  counseling, guidance, and personnel services to provide 
  5.20  assistance in solving some current or potential problems of 
  5.21  individuals, groups, or organizations; 
  5.22     (4) referral activities, which means the evaluating of data 
  5.23  to identify problems and to determine advisability of referral 
  5.24  to other specialists; and 
  5.25     (5) research activities, which means the designing, 
  5.26  conducting, and interpreting of research involving counseling 
  5.27  human subjects. 
  5.28     Professional mental health counseling does not include 
  5.29  activities or services undertaken by persons listed in section 
  5.30  148B.592, or the performance of any act which licensed 
  5.31  professional mental health counselors are not educated and 
  5.32  trained to perform.  
  5.33     Sec. 4.  [148B.51] [BOARD OF LICENSED PROFESSIONAL MENTAL 
  5.34  HEALTH COUNSELING.] 
  5.35     The board of licensed professional mental health counseling 
  5.36  consists of 11 members appointed by the governor, including 
  6.1   eight professional counselors licensed or eligible for licensure 
  6.2   under sections 148B.50 to 148B.593 and three public members as 
  6.3   defined in section 214.02.  The professional counselor members 
  6.4   of the board must include persons representing mental health 
  6.5   counseling and counselor education.  The board shall annually 
  6.6   elect from its membership a chair, vice-chair, and 
  6.7   secretary-treasurer.  The board shall appoint and employ an 
  6.8   executive secretary who is not a member of the board.  Chapter 
  6.9   214 applies to the board of licensed professional mental health 
  6.10  counseling unless superseded by sections 148B.50 to 148B.593.  
  6.11     Sec. 5.  [148B.52] [DUTIES OF THE BOARD.] 
  6.12     The board of licensed professional mental health counseling 
  6.13  shall: 
  6.14     (1) establish by rule appropriate techniques, including 
  6.15  examinations and other methods, for determining whether 
  6.16  applicants and licensees are qualified under sections 148B.50 to 
  6.17  148B.593; 
  6.18     (2) establish by rule standards for professional conduct, 
  6.19  including adoption of a code of professional ethics and 
  6.20  requirements for continuing education and supervision; 
  6.21     (3) issue licenses to individuals qualified under sections 
  6.22  148B.50 to 148B.593; 
  6.23     (4) establish by rule standards for initial education 
  6.24  including coursework for licensure and content of professional 
  6.25  education; 
  6.26     (5) establish by rule procedures, including a standard 
  6.27  disciplinary process, to ensure that individuals licensed as 
  6.28  professional mental health counselors will comply with the 
  6.29  board's rules; 
  6.30     (6) establish, maintain, and publish annually a register of 
  6.31  current licensees and approved supervisors; 
  6.32     (7) establish initial and renewal application and 
  6.33  examination fees sufficient to cover operating expenses of the 
  6.34  board and its agents; 
  6.35     (8) educate the public about the existence and content of 
  6.36  the rules for professional mental health counselors to enable 
  7.1   consumers to file complaints against licensees who may have 
  7.2   violated the rules; 
  7.3      (9) evaluate its rules in order to refine the standards for 
  7.4   licensing professional mental health counselors and to improve 
  7.5   the methods used to enforce the board's standards; and 
  7.6      (10) establish rules and regulations pertaining to 
  7.7   treatment for impaired practitioners. 
  7.8      Sec. 6.  [148B.53] [REQUIREMENTS FOR LICENSURE.] 
  7.9      Subdivision 1.  [GENERAL REQUIREMENTS.] To be licensed as a 
  7.10  licensed professional mental health counselor, an applicant must 
  7.11  provide evidence satisfactory to the board that the applicant: 
  7.12     (1) is at least 18 years old; 
  7.13     (2) has successfully completed, at a regionally accredited 
  7.14  institution of higher education, a master's degree program in 
  7.15  professional mental health counseling or appropriately related 
  7.16  field as determined by the board, including a supervised field 
  7.17  experience, that is professional mental health counseling in 
  7.18  nature, that meets the specific academic course content and 
  7.19  training standards established by the board, and includes a 
  7.20  minimum of 60 semester hours inclusive of both degree and 
  7.21  post-master's degree course work; 
  7.22     (3) has completed 3,000 hours of postgraduate supervised 
  7.23  experience working in a mental health counseling setting that 
  7.24  meets the requirements established by the board; 
  7.25     (4) has demonstrated competence in professional mental 
  7.26  health counseling by passing an examination prescribed by the 
  7.27  board that is written, oral, or situational, or a combination of 
  7.28  all three; 
  7.29     (5) will conduct all professional activities as a licensed 
  7.30  professional mental health counselor in accordance with 
  7.31  standards for professional conduct established by the rules of 
  7.32  the board; and 
  7.33     (6) has declared to the board and agrees to continue to 
  7.34  declare areas of professional competencies through a statement 
  7.35  of professional intent, describing the intended use of the 
  7.36  license and the population to be served.  
  8.1      Subd. 2.  [MINIMUM HOUR EFFECTIVE DATE.] The minimum 
  8.2   semester hour requirement imposed by subdivision 1, clause (2), 
  8.3   is not effective until July 1, 2002.  This subdivision expires 
  8.4   July 1, 2002. 
  8.5      Subd. 3.  [ASSOCIATE MENTAL HEALTH COUNSELOR.] To be 
  8.6   licensed as a licensed associate mental health counselor, an 
  8.7   applicant must:  (1) meet all of the requirements in subdivision 
  8.8   1, clauses (1) and (2) and (4) to (6); (2) declare to the board 
  8.9   in the license application special competence, including at 
  8.10  least a master's degree in counseling or an appropriately 
  8.11  related field as determined by the board; and (3) demonstrate 
  8.12  professional competence by an examination prescribed by the 
  8.13  board, that is written, oral, or situational, or a combination 
  8.14  of all three.  
  8.15     Upon examination of credentials, the board may, by a 
  8.16  majority of the board members present and voting, consider the 
  8.17  credentials adequate evidence of professional competence and 
  8.18  approve a license as a licensed associate mental health 
  8.19  counselor.  A licensed associate mental health counselor may 
  8.20  practice only under the direct supervision of an approved 
  8.21  supervisor or under a plan for supervision approved by the board 
  8.22  prior to actual performance of counseling by the licensed 
  8.23  associate mental health counselor.  
  8.24     Subd. 4.  [FEE.] Each applicant shall pay a nonrefundable 
  8.25  fee set by the board. 
  8.26     Sec. 7.  [148B.54] [LICENSE RENEWAL REQUIREMENTS.] 
  8.27     Subdivision 1.  [RENEWAL.] Licensees shall renew licenses 
  8.28  at the time and in the manner established by the rules of the 
  8.29  board. 
  8.30     Subd. 2.  [CONTINUING EDUCATION.] At the time of renewal, 
  8.31  each licensee shall provide evidence satisfactory to the board 
  8.32  that the licensee has completed during each two-year period at 
  8.33  least the equivalent of 40 clock hours of professional 
  8.34  postdegree continuing education in programs approved by the 
  8.35  board and continues to be qualified to practice under sections 
  8.36  148B.50 to 148B.593.  
  9.1      Sec. 8.  [148B.55] [LICENSES; TRANSITION PERIOD.] 
  9.2      For two years beginning July 1, 1999, the board shall issue 
  9.3   a license without examination to an applicant if the board 
  9.4   determines that the applicant satisfies the requirements in 
  9.5   section 148B.53, subdivision 1.  An applicant licensed under 
  9.6   this section must also agree to conduct all professional 
  9.7   activities as a professional counselor in accordance with 
  9.8   standards for professional conduct established by the board by 
  9.9   rule.  This section expires July 1, 2001.  
  9.10     Sec. 9.  [148B.56] [RECIPROCITY.] 
  9.11     The board may issue an appropriate license to an individual 
  9.12  who holds a current license or other credential from another 
  9.13  jurisdiction if the board finds that the requirements for that 
  9.14  credential are substantially similar to the requirements in 
  9.15  sections 148B.50 to 148B.593.  
  9.16     Sec. 10.  [148B.57] [SPECIALTY DESIGNATIONS.] 
  9.17     A specialty designation may be added to the license of a 
  9.18  professional mental health counselor if the applicant 
  9.19  demonstrates to the board that the applicant has met the minimum 
  9.20  standards established by a nationally recognized certification 
  9.21  agency or, where there is no nationally recognized certification 
  9.22  agency, that the applicant has satisfied specific criteria 
  9.23  established by the board in rule.  A professional mental health 
  9.24  counselor may not claim or advertise a counseling specialty 
  9.25  unless the specialty designation has been approved by the board. 
  9.26     Sec. 11.  [148B.58] [NONTRANSFERABILITY OF LICENSES.] 
  9.27     A professional mental health counseling license is not 
  9.28  transferable. 
  9.29     Sec. 12.  [148B.59] [GROUNDS FOR DISCIPLINARY ACTION; FORMS 
  9.30  OF DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 
  9.31     (a) The board may impose disciplinary action as described 
  9.32  in paragraph (b) against an applicant or licensee whom the 
  9.33  board, by a preponderance of the evidence, determines:  
  9.34     (1) has violated a statute, rule, or order that the board 
  9.35  issued or is empowered to enforce; 
  9.36     (2) has engaged in fraudulent, deceptive, or dishonest 
 10.1   conduct, whether or not the conduct relates to the practice of 
 10.2   professional mental health counseling, that adversely affects 
 10.3   the person's ability or fitness to practice professional mental 
 10.4   health counseling; 
 10.5      (3) has engaged in unprofessional conduct or any other 
 10.6   conduct which has the potential for causing harm to the public, 
 10.7   including any departure from or failure to conform to the 
 10.8   minimum standards of acceptable and prevailing practice without 
 10.9   actual injury having to be established; 
 10.10     (4) has been convicted of or has pled guilty or nolo 
 10.11  contendere to a felony or other crime, an element of which is 
 10.12  dishonesty or fraud, or has been shown to have engaged in acts 
 10.13  or practices tending to show that the applicant or licensee is 
 10.14  incompetent or has engaged in conduct reflecting adversely on 
 10.15  the applicant's or licensee's ability or fitness to engage in 
 10.16  the practice of professional mental health counseling; 
 10.17     (5) has employed fraud or deception in obtaining or 
 10.18  renewing a license, or in passing an examination; 
 10.19     (6) has had a professional counseling license, certificate, 
 10.20  registration, privilege to take an examination, or other similar 
 10.21  authority denied, revoked, suspended, canceled, limited, or not 
 10.22  renewed for cause in any jurisdiction; 
 10.23     (7) has failed to meet any requirement for the issuance or 
 10.24  renewal of the person's license.  The burden of proof is on the 
 10.25  applicant or licensee to demonstrate the qualifications or 
 10.26  satisfy the requirements for a license under the professional 
 10.27  counseling act; 
 10.28     (8) has failed to cooperate with an investigation of the 
 10.29  board; 
 10.30     (9) has demonstrated an inability to practice professional 
 10.31  mental health counseling with reasonable skill and safety to 
 10.32  clients due to any mental or physical illness or condition; or 
 10.33     (10) has engaged in fee splitting.  This clause does not 
 10.34  apply to the distribution of revenues from a partnership, group 
 10.35  practice, nonprofit corporation, or professional corporation to 
 10.36  its partners, shareholders, members, or employees if the 
 11.1   revenues consist only of fees for services performed by the 
 11.2   licensee or under a licensee's administrative authority.  Fee 
 11.3   splitting includes, but is not limited to: 
 11.4      (i) dividing fees with another person or a professional 
 11.5   corporation, unless the division is in proportion to the 
 11.6   services provided and the responsibility assumed by each 
 11.7   professional; and 
 11.8      (ii) referring a client to any health care provider as 
 11.9   defined in section 144.335 in which the referring licensee has a 
 11.10  significant financial interest unless the licensee has disclosed 
 11.11  in advance to the client the licensee's own financial interest. 
 11.12     (b) If grounds for disciplinary action exist under 
 11.13  paragraph (a), the board may take one or more of the following 
 11.14  actions: 
 11.15     (1) refuse to grant or renew a license; 
 11.16     (2) revoke a license; 
 11.17     (3) suspend a license; 
 11.18     (4) impose limitations or conditions on a licensee's 
 11.19  practice of professional mental health counseling, including, 
 11.20  but not limited to, limiting the scope of practice to designated 
 11.21  competencies, imposing retraining or rehabilitation 
 11.22  requirements, requiring the licensee to practice under 
 11.23  supervision, or conditioning continued practice on the 
 11.24  demonstration of knowledge or skill by appropriate examination 
 11.25  or other review of skill and competence; 
 11.26     (5) censure or reprimand the licensee; 
 11.27     (6) refuse to permit an applicant to take the licensure 
 11.28  examination or refuse to release an applicant's examination 
 11.29  grade if the board finds that it is in the public interest; or 
 11.30     (7) impose a disciplinary fee within current state statutes 
 11.31  for each separate violation.  The amount of the disciplinary fee 
 11.32  shall be fixed so as (1) to deprive the applicant or licensee of 
 11.33  any economic advantage gained by reason of the violation 
 11.34  charged, and (2) to reimburse the board for the cost of the 
 11.35  investigation and proceeding, including, but not limited to, the 
 11.36  costs of legal and investigative services provided by the office 
 12.1   of the attorney general and the costs of legal services provided 
 12.2   by the office of administrative hearings. 
 12.3      (c) In lieu of or in addition to paragraph (b), the board 
 12.4   may require, as a condition of continued licensure, termination 
 12.5   of suspension, reinstatement of license, examination, or release 
 12.6   of examination grades, that the applicant or licensee: 
 12.7      (1) submit to a quality review, as specified by the board, 
 12.8   of the applicant's or licensee's ability, skills, or quality of 
 12.9   work; and 
 12.10     (2) complete to the satisfaction of the board educational 
 12.11  courses specified by the board. 
 12.12     (d) Service of the order is effective if the order is 
 12.13  served on the applicant, licensee, or counsel of record 
 12.14  personally or by mail to the most recent address provided to the 
 12.15  board for the licensee, applicant, or counsel of record.  The 
 12.16  order shall state the reasons for the entry of the order. 
 12.17     Sec. 13.  [148B.591] [PROHIBITION AGAINST UNLICENSED 
 12.18  PRACTICE OR USE OF TITLES; PENALTY.] 
 12.19     Subdivision 1.  [PRACTICE.] After the board adopts rules, 
 12.20  no individual may engage in the practice of professional mental 
 12.21  health counseling unless that individual holds a valid license 
 12.22  or is exempt from licensure under section 148B.592. 
 12.23     Subd. 2.  [USE OF TITLES.] After the board adopts rules, no 
 12.24  individual may be presented to the public by any title or 
 12.25  practice incorporating the words "professional mental health 
 12.26  counselor," "licensed professional mental health counselor," or 
 12.27  "licensed associate mental health counselor" unless that 
 12.28  individual holds a valid license issued under sections 148B.50 
 12.29  to 148B.593.  
 12.30     Subd. 3.  [PENALTY.] A person who violates this section is 
 12.31  guilty of a misdemeanor.  
 12.32     Sec. 14.  [148B.592] [EXCEPTIONS TO LICENSE REQUIREMENT.] 
 12.33     Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in sections 
 12.34  148B.50 to 148B.593 prevents members of other professions or 
 12.35  occupations from performing functions for which they are 
 12.36  qualified or licensed.  This exception includes, but is not 
 13.1   limited to, licensed physicians, registered nurses, licensed 
 13.2   practical nurses, licensed psychologists, probation officers, 
 13.3   attorneys, social workers, marriage and family therapists, 
 13.4   qualified rehabilitation consultants, natural family planning 
 13.5   practitioners certified by the American Academy of Natural 
 13.6   Family Planning, and registered occupational therapists or 
 13.7   certified occupational therapist assistants.  These persons must 
 13.8   not, however, use a title incorporating the words "professional 
 13.9   mental health counselor," "licensed professional mental health 
 13.10  counselor," or "licensed associate mental health counselor" or 
 13.11  otherwise hold themselves out to the public by any title or 
 13.12  description stating or implying that they are licensed to engage 
 13.13  in the practice of professional mental health counseling unless 
 13.14  they are licensed under sections 148B.50 to 148B.593. 
 13.15     Subd. 2.  [STUDENTS.] Nothing in sections 148B.50 to 
 13.16  148B.593 prevents a student, intern, or trainee enrolled in an 
 13.17  accredited program of professional counseling from engaging in 
 13.18  professional mental health counseling as part of the supervised 
 13.19  course of study if the person is identified as a "counselor 
 13.20  intern." 
 13.21     Subd. 3.  [GOVERNMENT AGENCIES; EDUCATIONAL INSTITUTIONS.] 
 13.22  Nothing in sections 148B.50 to 148B.593 limits the activities 
 13.23  and services of or use of an official title by a person employed 
 13.24  as a counselor by a federal, state, county, or municipal agency, 
 13.25  or public or private educational institution if the person is 
 13.26  performing the activities within the scope of the person's 
 13.27  employment. 
 13.28     Subd. 4.  [UNLICENSED MENTAL HEALTH SERVICE PRACTITIONERS.] 
 13.29  Persons who are engaged in the practice of mental health 
 13.30  counseling as unlicensed mental health practitioners are 
 13.31  required on July 1, 2001, to be licensed as either a licensed 
 13.32  professional mental health counselor or a licensed associate 
 13.33  mental health counselor, or to show evidence to the board that 
 13.34  they are enrolled in a professional mental health counseling 
 13.35  program leading to appropriate degree and licensure by July 1, 
 13.36  2004. 
 14.1      Subd. 5.  [NONRESIDENTS.] A nonresident may engage in the 
 14.2   practice of professional mental health counseling within the 
 14.3   state without a license for up to 30 days during any calendar 
 14.4   year if the nonresident is authorized to provide the services 
 14.5   under the law of the state or country of residence and the 
 14.6   nonresident has provided proof of credentials to the board, been 
 14.7   found qualified to render services in the state, and been 
 14.8   granted permission by the board to practice. 
 14.9      Subd. 6.  [CLERGY.] Nothing in sections 148B.50 to 148B.593 
 14.10  limits the activities and services of a rabbi, priest, minister, 
 14.11  or clergyperson of any religious denomination or sect provided 
 14.12  such activities and services are within the scope of the 
 14.13  performance of regular or specialized ministerial duties. 
 14.14     Subd. 7.  [NONPROFIT ORGANIZATIONS AND CHARITIES.] Nothing 
 14.15  in sections 148B.50 to 148B.593 limits the activities, services, 
 14.16  and descriptions of persons offering volunteer or professional 
 14.17  services for public or private nonprofit organizations or 
 14.18  charities.  
 14.19     Sec. 15.  [148B.593] [DISCLOSURE OF INFORMATION.] 
 14.20     (a) A person licensed under sections 148B.50 to 148B.593 
 14.21  may not disclose without consent of the client any communication 
 14.22  made by the client to the licensee in the course of the practice 
 14.23  of professional mental health counseling, nor may any employee 
 14.24  of the licensee reveal the information without the consent of 
 14.25  the employer or client except as provided under section 626.556 
 14.26  or 626.557.  
 14.27     (b) For purposes of sections 148B.50 to 148B.593, the 
 14.28  confidential relations and communications between the licensee 
 14.29  and a client are placed upon the same basis as those that exist 
 14.30  between a licensed psychologist and client.  Nothing in sections 
 14.31  148B.50 to 148B.593 may be construed to require any 
 14.32  communications to be disclosed except by court order. 
 14.33     Sec. 16.  Minnesota Statutes 1998, section 148B.60, 
 14.34  subdivision 3, is amended to read: 
 14.35     Subd. 3.  [UNLICENSED MENTAL HEALTH PRACTITIONER OR 
 14.36  PRACTITIONER.] "Unlicensed mental health practitioner" or 
 15.1   "practitioner" means a person who provides or purports to 
 15.2   provide, for remuneration, mental health services as defined in 
 15.3   subdivision 4.  It does not include persons licensed by the 
 15.4   board of medical practice under chapter 147 or registered by the 
 15.5   board of medical practice under chapter 147A; the board of 
 15.6   nursing under sections 148.171 to 148.285; the board of 
 15.7   psychology under sections 148.88 to 148.98; the board of social 
 15.8   work under sections 148B.18 to 148B.289; the board of marriage 
 15.9   and family therapy under sections 148B.29 to 148B.39; the board 
 15.10  of licensed professional mental health counseling under sections 
 15.11  148B.50 to 148B.593; or another licensing board if the person is 
 15.12  practicing within the scope of the license; or members of the 
 15.13  clergy who are providing pastoral services in the context of 
 15.14  performing and fulfilling the salaried duties and obligations 
 15.15  required of a member of the clergy by a religious congregation.  
 15.16  For the purposes of complaint investigation or disciplinary 
 15.17  action relating to an individual practitioner, the term includes:
 15.18     (1) persons employed by a program licensed by the 
 15.19  commissioner of human services who are acting as mental health 
 15.20  practitioners within the scope of their employment; 
 15.21     (2) persons employed by a program licensed by the 
 15.22  commissioner of human services who are providing chemical 
 15.23  dependency counseling services; persons who are providing 
 15.24  chemical dependency counseling services in private practice; and 
 15.25     (3) clergy who are providing mental health services that 
 15.26  are equivalent to those defined in subdivision 4. 
 15.27     Sec. 17.  Minnesota Statutes 1998, section 214.01, 
 15.28  subdivision 2, is amended to read: 
 15.29     Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related 
 15.30  licensing board" means the board of examiners of nursing home 
 15.31  administrators established pursuant to section 144A.19, the 
 15.32  board of medical practice created pursuant to section 147.01, 
 15.33  the board of nursing created pursuant to section 148.181, the 
 15.34  board of chiropractic examiners established pursuant to section 
 15.35  148.02, the board of optometry established pursuant to section 
 15.36  148.52, the board of psychology established pursuant to section 
 16.1   148.90, the board of social work pursuant to section 148B.19, 
 16.2   the board of marriage and family therapy pursuant to section 
 16.3   148B.30, the office of mental health practice established 
 16.4   pursuant to section 148B.61, the board of licensed professional 
 16.5   mental health counseling established by section 148B.51, the 
 16.6   alcohol and drug counselors licensing advisory council 
 16.7   established pursuant to section 148C.02, the board of dietetics 
 16.8   and nutrition practice established under section 148.622, the 
 16.9   board of dentistry established pursuant to section 150A.02, the 
 16.10  board of pharmacy established pursuant to section 151.02, the 
 16.11  board of podiatric medicine established pursuant to section 
 16.12  153.02, and the board of veterinary medicine, established 
 16.13  pursuant to section 156.01. 
 16.14     Sec. 18.  Minnesota Statutes 1998, section 214.04, 
 16.15  subdivision 3, is amended to read: 
 16.16     Subd. 3.  [OFFICERS; STAFF.] The executive director of each 
 16.17  health-related board and the executive secretary of each 
 16.18  non-health-related board shall be the chief administrative 
 16.19  officer for the board but shall not be a member of the board.  
 16.20  The executive director or executive secretary shall maintain the 
 16.21  records of the board, account for all fees received by it, 
 16.22  supervise and direct employees servicing the board, and perform 
 16.23  other services as directed by the board.  The executive 
 16.24  directors, executive secretaries, and other employees of the 
 16.25  following boards shall be hired by the board, and the executive 
 16.26  directors or executive secretaries shall be in the unclassified 
 16.27  civil service, except as provided in this subdivision:  
 16.28     (1) dentistry; 
 16.29     (2) medical practice; 
 16.30     (3) nursing; 
 16.31     (4) pharmacy; 
 16.32     (5) accountancy; 
 16.33     (6) architecture, engineering, land surveying, landscape 
 16.34  architecture, geoscience, and interior design; 
 16.35     (7) barber examiners; 
 16.36     (8) cosmetology; 
 17.1      (9) electricity; 
 17.2      (10) teaching; 
 17.3      (11) peace officer standards and training; 
 17.4      (12) social work; 
 17.5      (13) marriage and family therapy; and 
 17.6      (14) dietetics and nutrition practice; and 
 17.7      (15) professional mental health counseling. 
 17.8      The executive directors or executive secretaries serving 
 17.9   the boards are hired by those boards and are in the unclassified 
 17.10  civil service, except for part-time executive directors or 
 17.11  executive secretaries, who are not required to be in the 
 17.12  unclassified service.  Boards not requiring full-time executive 
 17.13  directors or executive secretaries may employ them on a 
 17.14  part-time basis.  To the extent practicable, the sharing of 
 17.15  part-time executive directors or executive secretaries by boards 
 17.16  being serviced by the same department is encouraged.  Persons 
 17.17  providing services to those boards not listed in this 
 17.18  subdivision, except executive directors or executive secretaries 
 17.19  of the boards and employees of the attorney general, are 
 17.20  classified civil service employees of the department servicing 
 17.21  the board.  To the extent practicable, the commissioner shall 
 17.22  ensure that staff services are shared by the boards being 
 17.23  serviced by the department.  If necessary, a board may hire 
 17.24  part-time, temporary employees to administer and grade 
 17.25  examinations. 
 17.26     Sec. 19.  Minnesota Statutes 1998, section 609.341, 
 17.27  subdivision 17, is amended to read: 
 17.28     Subd. 17.  "Psychotherapist" means a person who is or 
 17.29  purports to be a physician, psychologist, nurse, chemical 
 17.30  dependency counselor, social worker, marriage and family 
 17.31  counselor, professional mental health counselor, or other mental 
 17.32  health service provider; or any other person, whether or not 
 17.33  licensed by the state, who performs or purports to perform 
 17.34  psychotherapy. 
 17.35     Sec. 20.  [INITIAL BOARD.] 
 17.36     Notwithstanding Minnesota Statutes, section 148B.51, 
 18.1   members of the first board appointed under that section need not 
 18.2   be licensed, but must meet all qualifications, other than 
 18.3   payment of fees, to be eligible for licensure under Minnesota 
 18.4   Statutes, sections 148B.50 to 148B.593. 
 18.5      Sec. 21.  [APPROPRIATION.] 
 18.6      $....... is appropriated from the state government special 
 18.7   revenue fund to the professional mental health counseling 
 18.8   licensing board for the purposes of sections 3 to 15 to be 
 18.9   available until July 1, 2001. 
 18.10     Sec. 22.  [EFFECTIVE DATE.] 
 18.11     Sections 1 to 21 are effective July 1, 1999.