HF 637

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; modifying provisions for licensed
professional counselors; authorizing certain
rulemaking; amending Minnesota Statutes 2004, sections
148B.53, subdivisions 1, 3; 148B.54, subdivision 2;
148B.59; proposing coding for new law in Minnesota
Statutes, chapter 148B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 148B.53,
subdivision 1, is amended to read:

Subdivision 1.

General requirements.

(a) To be licensed
as a licensed professional counselor (LPC), an applicant must
provide evidence satisfactory to the board that the applicant:

(1) is at least 18 years of age;

(2) is of good moral character;

(3) has completed a master's new text begin or doctoral new text end degree program in
counseling new text begin or a related field, as determined by the board, new text end that
includes a minimum of 48 semester hours new text begin or 72 quarter hours new text end and
a supervised field experience of not fewer than 700 hours that
is counseling in nature;

(4) has submitted to the board a plan for supervision
during the first 2,000 hours of professional practice or has
submitted proof of supervised professional practice that is
acceptable to the board; and

(5) has demonstrated competence in professional counseling
by passing the National Counseling Exam (NCE) administered by
the National Board for Certified Counselors, Inc. (NBCC)
deleted text begin including obtaining a passing score on the examination accepted
by the board based on the determinations made by the NBCC deleted text end new text begin or an
equivalent national examination as determined by the board, new text end and
new text begin ethical, new text end oral new text begin , new text end and situational examinations if prescribed by the
board.

(b) The degree described in paragraph (a), clause (3), must
be from a counseling program recognized by the Council for
Accreditation of Counseling and Related Education Programs
(CACREP) or from an institution of higher education that is
accredited by a regional accrediting organization recognized by
the Council for Higher Education Accreditation (CHEA). new text begin Except
as provided in paragraph (e), new text end specific academic course content
and training must deleted text begin meet standards established by the CACREP,
including deleted text end new text begin include new text end course work in new text begin each of new text end the following subject
areas:

(1) the helping relationship, including counseling theory
and practice;

(2) human growth and development;

(3) lifestyle and career development;

(4) group dynamics, processes, counseling, and consulting;

(5) assessment and appraisal;

(6) social and cultural foundations, including
multicultural issues;

(7) principles of etiology, treatment planning, and
prevention of mental and emotional disorders and dysfunctional
behavior;

(8) family counseling and therapy;

(9) research and evaluation; and

(10) professional counseling orientation and ethics.

(c) To be licensed as a professional counselor, a
psychological practitioner licensed under section 148.908 need
only show evidence of licensure under that section and is not
required to comply with paragraph (a) new text begin , clauses (1) to (3) and
(5), new text end or new text begin paragraph new text end (b).

new text begin (d) To be licensed as a professional counselor, a Minnesota
licensed psychologist need only show evidence of licensure from
the Minnesota Board of Psychology and is not required to comply
with paragraph (a) or (b).
new text end

new text begin (e) If the degree described in paragraph (a), clause (3),
is from a counseling program recognized by the Council for
Accreditation of Counseling and Related Education Programs
(CACREP), the applicant is deemed to have met the specific
course work requirements of paragraph (b).
new text end

Sec. 2.

Minnesota Statutes 2004, section 148B.53,
subdivision 3, is amended to read:

Subd. 3.

Fee.

deleted text begin Each applicant shall pay a
deleted text end Nonrefundable deleted text begin fee deleted text end new text begin fees are new text end as follows:

(1) initial license application fee for licensed
professional counseling (LPC) - $250;

(2) annual active license renewal fee for LPC - $200 or
equivalent;

(3) annual inactive license renewal fee for LPC - $100;

(4) license renewal late fee - $100 per month or portion
thereof;

(5) copy of board order or stipulation - $10;

(6) certificate of good standing or license verification -
$10;

(7) duplicate certificate fee - $10;

(8) professional firm renewal fee - $25;

(9) initial registration fee - $50; and

(10) annual registration renewal fee - $25.

Sec. 3.

new text begin [148B.531] POSTDEGREE COMPLETION OF DEGREE
REQUIREMENTS FOR LICENSURE.
new text end

new text begin An individual whose degree upon which licensure is to be
based included less than 48 semester hours or 72 quarter hours,
who did not complete 700 hours of supervised professional
practice as part of the degree program, or who did not complete
course work in all of the content areas required by section
148B.53, subdivision 1, paragraph (b), may complete these
requirements postdegree, if:
new text end

new text begin (1) all course work and field experiences are completed
through an institution of higher education that is accredited by
a regional accrediting organization recognized by the Council
for Higher Education Accreditation (CHEA) or through a
counseling program recognized by the Council for Accreditation
of Counseling and Related Education Programs (CACREP);
new text end

new text begin (2) all course work and field experiences are taken and
passed for credit; and
new text end

new text begin (3) no more than 20 semester credits or 30 quarter credits
are completed postdegree for purposes of licensure unless the
credits are earned as part of an organized sequence of study.
new text end

Sec. 4.

Minnesota Statutes 2004, section 148B.54,
subdivision 2, is amended to read:

Subd. 2.

Continuing education.

At the completion of the
first deleted text begin two deleted text end new text begin four new text end years of licensure, a licensee must provide
evidence satisfactory to the board of completion of 12
additional postgraduate semester credit hours or its equivalent
in counseling as determined by the board, except that no
licensee shall be required to show evidence of greater than 60
semester hours or its equivalent. Thereafter, at the time of
renewal, each licensee shall provide evidence satisfactory to
the board that the licensee has completed during each two-year
period at least the equivalent of 40 clock hours of professional
postdegree continuing education in programs approved by the
board and continues to be qualified to practice under sections
148B.50 to 148B.593.

Sec. 5.

new text begin [148B.561] RETALIATORY PROVISIONS.
new text end

new text begin If by the laws of any state or the rulings or decisions of
the appropriate officers or boards thereof, any burden,
obligation, requirement, disqualification, or disability is put
upon licensed professional counselors licensed and in good
standing in this state, affecting the right of these licensed
professional counselors to be registered or licensed in that
state, then the same or like burden, obligation, requirement,
disqualification, or disability may be put upon the licensure in
this state of licensed professional counselors registered in
that state.
new text end

Sec. 6.

Minnesota Statutes 2004, section 148B.59, is
amended to read:

148B.59 GROUNDS FOR DISCIPLINARY ACTION; FORMS OF
DISCIPLINARY ACTION; RESTORATION OF LICENSE.

(a) The board may impose disciplinary action as described
in paragraph (b) against an applicant or licensee whom the
board, by a preponderance of the evidence, determines:

(1) has violated a statute, rule, or order that the board
issued or is empowered to enforce;

(2) has engaged in fraudulent, deceptive, or dishonest
conduct, whether or not the conduct relates to the practice of
licensed professional counseling, that adversely affects the
person's ability or fitness to practice professional counseling;

(3) has engaged in unprofessional conduct or any other
conduct which has the potential for causing harm to the public,
including any departure from or failure to conform to the
minimum standards of acceptable and prevailing practice without
actual injury having to be established;

(4) has been convicted of or has pled guilty or nolo
contendere to a felony or other crime, an element of which is
dishonesty or fraud, or has been shown to have engaged in acts
or practices tending to show that the applicant or licensee is
incompetent or has engaged in conduct reflecting adversely on
the applicant's or licensee's ability or fitness to engage in
the practice of professional counseling;

(5) has employed fraud or deception in obtaining or
renewing a license, or in passing an examination;

(6) has had any counseling license, certificate,
registration, privilege to take an examination, or other similar
authority denied, revoked, suspended, canceled, limited, or not
renewed for cause in any jurisdiction new text begin or has surrendered or
voluntarily terminated a license or certificate during a board
investigation of a complaint, as part of a disciplinary order,
or while under a disciplinary order new text end ;

(7) has failed to meet any requirement for the issuance or
renewal of the person's license. The burden of proof is on the
applicant or licensee to demonstrate the qualifications or
satisfy the requirements for a license under the Licensed
Professional Counseling Act;

(8) has failed to cooperate with an investigation of the
board;

(9) has demonstrated an inability to practice professional
counseling with reasonable skill and safety to clients due to
any mental or physical illness or condition;

(10) has engaged in fee splitting. This clause does not
apply to the distribution of revenues from a partnership, group
practice, nonprofit corporation, or professional corporation to
its partners, shareholders, members, or employees if the
revenues consist only of fees for services performed by the
licensee or under a licensee's administrative authority. Fee
splitting includes, but is not limited to:

(i) dividing fees with another person or a professional
corporation, unless the division is in proportion to the
services provided and the responsibility assumed by each
professional; deleted text begin and
deleted text end

(ii) referring a client to any health care provider as
defined in section 144.335 in which the referring licensee has a
significant financial interest, unless the licensee has
disclosed in advance to the client the licensee's own financial
interest; deleted text begin or deleted text end new text begin and
new text end

new text begin (iii) paying, offering to pay, receiving, or agreeing to
receive a commission, rebate, or remuneration, directly or
indirectly, primarily for the referral of clients;
new text end

(11) has engaged in conduct with a deleted text begin patient deleted text end new text begin client new text end that is
sexual or may reasonably be interpreted by the deleted text begin patient deleted text end new text begin client new text end as
sexual, or in any verbal behavior that is seductive or sexually
demeaning to a deleted text begin patient deleted text end new text begin client;
new text end

new text begin (12) has been subject to a corrective action or similar
action in another jurisdiction or by another regulatory
authority; or
new text end

new text begin (13) has been adjudicated as mentally incompetent, mentally
ill, or mentally retarded or as a chemically dependent person, a
person dangerous to the public, a sexually dangerous person, or
a person who has a sexual psychopathic personality by a court of
competent jurisdiction within this state or an equivalent
adjudication from another state. Adjudication automatically
suspends a license for the duration thereof unless the board
orders otherwise new text end .

(b) If grounds for disciplinary action exist under
paragraph (a), the board may take one or more of the following
actions:

(1) refuse to grant or renew a license;

(2) revoke a license;

(3) suspend a license;

(4) impose limitations or conditions on a licensee's
practice of professional counseling, including, but not limited
to, limiting the scope of practice to designated competencies,
imposing retraining or rehabilitation requirements, requiring
the licensee to practice under supervision, or conditioning
continued practice on the demonstration of knowledge or skill by
appropriate examination or other review of skill and competence;

(5) censure or reprimand the licensee;

(6) refuse to permit an applicant to take the licensure
examination or refuse to release an applicant's examination
grade if the board finds that it is in the public interest; or

(7) impose a civil penalty not exceeding $10,000 for each
separate violation, the amount of the civil penalty to be fixed
so as to deprive the applicant or licensee of any economic
advantage gained by reason of the violation charged, to
discourage similar violations or to reimburse the board for the
cost of the investigation and proceeding, including, but not
limited to, fees paid for services provided by the Office of
Administrative Hearings, legal and investigative services
provided by the Office of the Attorney General, court reporters,
witnesses, reproduction of records, board members' per diem
compensation, board staff time, and travel costs and expenses
incurred by board staff and board members.

(c) In lieu of or in addition to paragraph (b), the board
may require, as a condition of continued licensure, termination
of suspension, reinstatement of license, examination, or release
of examination grades, that the applicant or licensee:

(1) submit to a quality review, as specified by the board,
of the applicant's or licensee's ability, skills, or quality of
work; and

(2) complete to the satisfaction of the board educational
courses specified by the board.

The board may also refer a licensee, if appropriate, to the
health professionals services program described in sections
214.31 to 214.37.

(d) Service of the order is effective if the order is
served on the applicant, licensee, or counsel of record
personally or by mail to the most recent address provided to the
board for the licensee, applicant, or counsel of record. The
order shall state the reasons for the entry of the order.

Sec. 7.

new text begin [148B.5901] TEMPORARY SUSPENSION OF LICENSE.
new text end

new text begin (a) In addition to any other remedy provided by law, the
board may issue an order to temporarily suspend the credentials
of a licensee after conducting a preliminary inquiry to
determine if the board reasonably believes that the licensee has
violated a statute or rule that the board is empowered to
enforce and whether continued practice by the licensee would
create an imminent risk of harm to others.
new text end

new text begin (b) The order may prohibit the licensee from engaging in
the practice of licensed professional counseling in whole or in
part and may condition the end of a suspension on the licensee's
compliance with a statute, rule, or order that the board has
issued or is empowered to enforce.
new text end

new text begin (c) The order shall give notice of the right to a hearing
according to this subdivision and shall state the reasons for
the entry of the order.
new text end

new text begin (d) Service of the order is effective when the order is
served on the licensee personally or by certified mail, which is
complete upon receipt, refusal, or return for nondelivery to the
most recent address provided to the board for the licensee.
new text end

new text begin (e) At the time the board issues a temporary suspension
order, the board shall schedule a hearing to be held before its
own members. The hearing shall begin no later than 60 days
after issuance of the temporary suspension order or within 15
working days of the date of the board's receipt of a request for
hearing by a licensee, on the sole issue of whether there is a
reasonable basis to continue, modify, or lift the temporary
suspension. The hearing is not subject to chapter 14. Evidence
presented by the board or the licensee shall be in affidavit
form only. The licensee or counsel of record may appear for
oral argument.
new text end

new text begin (f) Within five working days of the hearing, the board
shall issue its order and, if the suspension is continued,
schedule a contested case hearing within 30 days of the issuance
of the order. Notwithstanding chapter 14, the administrative
law judge shall issue a report within 30 days after closing the
contested case hearing record. The board shall issue a final
order within 30 days of receipt of the administrative law
judge's report.
new text end

Sec. 8.

new text begin [148B.5905] MENTAL, PHYSICAL, OR CHEMICAL
DEPENDENCY EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.
new text end

new text begin (a) If the board has probable cause to believe section
148B.59, paragraph (a), clause (9), applies to a licensee or
applicant, the board may direct the person to submit to a
mental, physical, or chemical dependency examination or
evaluation. For the purpose of this section, every licensee and
applicant is deemed to have consented to submit to a mental,
physical, or chemical dependency examination or evaluation when
directed in writing by the board and to have waived all
objections to the admissibility of the examining professionals'
testimony or examination reports on the grounds that the
testimony or examination reports constitute a privileged
communication. Failure of a licensee or applicant to submit to
an examination when directed by the board constitutes an
admission of the allegations against the person, unless the
failure was due to circumstances beyond the person's control, in
which case a default and final order may be entered without the
taking of testimony or presentation of evidence. A licensee or
applicant affected under this paragraph shall at reasonable
intervals be given an opportunity to demonstrate that the person
can resume the competent practice of licensed professional
counseling with reasonable skill and safety to the public. In
any proceeding under this paragraph, neither the record of
proceedings nor the orders entered by the board shall be used
against a licensee or applicant in any other proceeding.
new text end

new text begin (b) In addition to ordering a physical or mental
examination, the board may, notwithstanding section 13.384,
144.651, or any other law limiting access to medical or other
health data, obtain medical data and health records relating to
a licensee or applicant without the licensee's or applicant's
consent if the board has probable cause to believe that section
148B.59, paragraph (a), clause (9), applies to the licensee or
applicant. The medical data may be requested from a provider,
as defined in section 144.335, subdivision 1, paragraph (b); an
insurance company; or a government agency, including the
Department of Human Services. A provider, insurance company, or
government agency shall comply with any written request of the
board under this subdivision and is not liable in any action for
damages for releasing the data requested by the board if the
data are released pursuant to a written request under this
subdivision, unless the information is false and the provider
giving the information knew, or had reason to believe, the
information was false. Information obtained under this
subdivision is classified as private under sections 13.01 to
13.87.
new text end

Sec. 9.

new text begin [148B.5907] LIMITATION PERIOD.
new text end

new text begin (a) A board proceeding against a licensee shall not be
instituted unless it is begun within seven years from the date
of some portion of the alleged misconduct that is complained of.
new text end

new text begin (b) The following are exceptions to the limitation period
in paragraph (a):
new text end

new text begin (1) complaints alleging a violation of section 148B.59,
paragraph (a), clauses (2), (4), (5), and (6);
new text end

new text begin (2) complaints alleging sexual intercourse or other
physical intimacies with a client or any verbal or physical
behavior that is sexually seductive or sexually demeaning to the
client; and
new text end

new text begin (3) complaints alleging sexual intercourse or other
physical intimacies with a former client, or any verbal or
physical behavior that is sexually demeaning to the former
client, for a period of two years following the date of the last
professional contact with the former client, whether or not the
provider has formally terminated the professional relationship.
new text end

new text begin Physical intimacies under clauses (2) and (3) include
handling of the breasts, genital areas, buttocks, or thighs of
either sex by either the provider or the client.
new text end

new text begin (c) If a complaint is received by the board less than 12
months from the expiration of the limitation period in paragraph
(a), the limitation period is extended for a period of 12 months
from the date the complaint is received by the board.
new text end

new text begin (d) If misconduct is alleged that involves a client who is
a minor, the limitation period in paragraph (a) does not begin
until the minor reaches the age of 18.
new text end

new text begin (e) For purposes of this subdivision only, "proceeding"
means the service of a notice of conference, or in cases in
which a notice of conference was not served, a notice of hearing.
new text end

Sec. 10.

new text begin [148B.5925] TEST SECURITY.
new text end

new text begin Notwithstanding section 144.335, subdivision 2, paragraphs
(a) and (b), a provider shall not be required to provide copies
of tests, test materials, or scoring keys to any individual who
has completed a test or to an individual not qualified to
administer, score, and interpret the test, if the provider
reasonably determines that access would compromise the
objectivity, fairness, or integrity of the testing process for
the individual or others. If the provider makes this
determination, the provider shall, at the discretion of the
individual who has completed the test, release the information
either to another provider who is qualified to administer,
score, and interpret the test or furnish a summary of the test
results to the individual or to a third party designated by the
individual.
new text end

Sec. 11. new text begin AUTHORIZATION FOR EXPEDITED RULEMAKING
AUTHORITY.
new text end

new text begin The Board of Behavioral Health and Therapy may use the
expedited rulemaking process under Minnesota Statutes, section
14.389, for adopting and amending rules to conform with sections
1 to 10.
new text end