HF 1073

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to professions; providing for part-time 
  1.3             practice and emeritus registration by licensees of the 
  1.4             board of psychology; amending Minnesota Statutes 1996, 
  1.5             sections 148.941, subdivision 2; and 148.96, 
  1.6             subdivisions 1 and 3; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 148. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [148.909] [LICENSURE FOR PART-TIME PRACTICE.] 
  1.10     Subdivision 1.  [GENERALLY.] The board, at its discretion, 
  1.11  may grant licensure for part-time practice to an applicant who: 
  1.12     (1) is a licensee of the board; 
  1.13     (2) has no unresolved disciplinary action or complaints 
  1.14  pending in the state of Minnesota or any other jurisdiction; and 
  1.15     (3) has held a license, certificate, or registration to 
  1.16  practice psychology in any jurisdiction for at least 15 years. 
  1.17     Subd. 2.  [APPLICATION.] A licensee who is engaged in the 
  1.18  paid or volunteer practice of psychology in Minnesota for no 
  1.19  more than a combined total of 40 hours per calendar month may 
  1.20  apply to the board for licensure for part-time practice by 
  1.21  completing an application form established by the board and by 
  1.22  paying a nonrefundable fee. 
  1.23     Subd. 3.  [SCOPE OF PRACTICE FOR LICENSURE FOR PART-TIME 
  1.24  PRACTICE.] An individual licensed under this section is a 
  1.25  licensee of the board and may perform duties as defined in 
  1.26  section 148.89, subdivision 5, but shall not practice psychology 
  2.1   for pay or on a volunteer basis for more than a combined total 
  2.2   of 40 hours per calendar month.  Licensees shall count in the 40 
  2.3   hours activities such as hours spent in supervision, research, 
  2.4   charting, report writing, staff meetings, client care 
  2.5   conferences, training sessions, and direct client contact. 
  2.6      Subd. 4.  [CONTINUING EDUCATION REQUIREMENTS.] An 
  2.7   individual licensed under this section shall comply with the 
  2.8   continuing education requirements of section 148.911 and the 
  2.9   related rules of the board. 
  2.10     Subd. 5.  [RENEWAL CYCLE OR FEES.] An individual licensed 
  2.11  under this section shall be subject to special assessments and 
  2.12  to the biennial license renewal provisions in the Psychology 
  2.13  Practice Act for all licensees.  The board shall set by rule the 
  2.14  fees for licensure for part-time practice. 
  2.15     Subd. 6.  [DOCUMENTATION OF STATUS.] Licensees granted 
  2.16  licensure under this section shall receive a document certifying 
  2.17  that they have been granted a license for the part-time practice 
  2.18  of psychology by the board and that their paid or volunteer 
  2.19  practice of psychology shall not exceed a combined total of 40 
  2.20  hours per calendar month.  A license issued under this section 
  2.21  shall be displayed on the premises of the primary location of 
  2.22  the professional practice of the licensee. 
  2.23     Subd. 7.  [RETURN TO PREVIOUS LICENSURE LEVEL.] An 
  2.24  individual licensed under this section who wishes to return to 
  2.25  that individual's previous licensure level as either a licensed 
  2.26  psychologist or a licensed psychological practitioner held 
  2.27  immediately prior to licensure for part-time practice may do so 
  2.28  by successfully petitioning the board in writing.  Individuals 
  2.29  electing this option shall pay the pro rata share of the current 
  2.30  renewal fee for the previous licensure level.  This pro rata fee 
  2.31  shall renew the license to the next renewal date.  Beginning 
  2.32  with the next renewal date, the individual may apply for license 
  2.33  renewal at the current renewal rate for the level of licensure 
  2.34  held immediately prior to licensure for part-time practice, but 
  2.35  may not reapply for licensure for part-time practice.  Fees paid 
  2.36  under this subdivision are nonrefundable. 
  3.1      Subd. 8.  [PRESENTATION TO THE PUBLIC.] An individual 
  3.2   granted licensure for part-time practice shall comply with the 
  3.3   provisions of section 148.96. 
  3.4      Subd. 9.  [VIOLATION.] An individual granted licensure for 
  3.5   part-time practice is subject to all provisions of the 
  3.6   Psychology Practice Act.  Practicing psychology beyond a 
  3.7   combined total of 40 hours per calendar month shall constitute a 
  3.8   violation of the Psychology Practice Act. 
  3.9      Sec. 2.  [148.910] [EMERITUS REGISTRATION.] 
  3.10     Subdivision 1.  [GENERALLY.] The board, at its discretion, 
  3.11  may issue an emeritus registration to a licensee who: 
  3.12     (1) has completely retired from the practice of psychology; 
  3.13     (2) has no unresolved complaints pending in the state of 
  3.14  Minnesota or any other jurisdiction; 
  3.15     (3) has had no disciplinary action in any jurisdiction 
  3.16  against a license, certificate, or registration to practice 
  3.17  psychology or any other profession during the entire period the 
  3.18  person held a license, certificate, or registration; and 
  3.19     (4) has held a license, certificate, or registration to 
  3.20  practice psychology for at least 15 years. 
  3.21     Subd. 2.  [APPLICATION.] A licensee who is completely 
  3.22  retired from the practice of psychology in all jurisdictions and 
  3.23  meets the criteria in subdivision 1 may apply to the board for 
  3.24  emeritus registration by completing an application form 
  3.25  established by the board and paying a nonrefundable fee.  The 
  3.26  board shall by rule set the fee for emeritus registration. 
  3.27     Subd. 3.  [STATUS OF REGISTRANT.] The emeritus registration 
  3.28  is not a license to engage in the practice of psychology as 
  3.29  defined in section 148.89, subdivision 5.  The registrant shall 
  3.30  not engage in the practice of psychology. 
  3.31     Subd. 4.  [CONTINUING EDUCATION REQUIREMENTS.] The 
  3.32  continuing education requirements of section 148.911, and the 
  3.33  related rules of the board are not applicable to emeritus 
  3.34  registrants. 
  3.35     Subd. 5.  [RENEWAL CYCLE OR FEES.] An individual who is 
  3.36  registered emeritus shall not be subject to license renewal fees 
  4.1   and special assessments. 
  4.2      Subd. 6.  [DOCUMENTATION OF STATUS.] Licensees granted 
  4.3   emeritus registration shall receive a document certifying that 
  4.4   they have been registered as emeritus and have completed their 
  4.5   active professional careers licensed in good standing with the 
  4.6   board. 
  4.7      Subd. 7.  [CHANGE TO ACTIVE STATUS.] (a) A registrant who 
  4.8   desires to change to active status within three years from the 
  4.9   date emeritus status becomes effective may do so by providing 
  4.10  the following to the board for its approval; 
  4.11     (1) completion of an application for relicensure 
  4.12  established by the board and payment of a nonrefundable fee 
  4.13  established by board rule for relicensure after termination of 
  4.14  an active license; 
  4.15     (2) completion of 40 hours of continuing education meeting 
  4.16  the requirements for license renewal in section 148.911 and the 
  4.17  related rules, prior to submission of the application for 
  4.18  relicensure; 
  4.19     (3) submission of endorsements by two currently practicing 
  4.20  licensees of the board, at least one of whom shall be a licensed 
  4.21  psychologist; and 
  4.22     (4) successful completion of a professional responsibility 
  4.23  examination on the practice of psychology and any other 
  4.24  examinations as required by the board. 
  4.25     (b) A registrant who desires to change to active status 
  4.26  more than three years from the date emeritus status becomes 
  4.27  effective may do so by complying with current laws, rules, and 
  4.28  procedures for licensure as a licensed psychologist or licensed 
  4.29  psychological practitioner and paying the current fees payable 
  4.30  by new applicants for licensure with the board.  The board, at 
  4.31  its discretion, may elect not to require the examination in 
  4.32  psychology under section 148.907, subdivision 2, clause (1).  An 
  4.33  applicant seeking licensure under this section shall pass a 
  4.34  professional responsibility examination on the practice of 
  4.35  psychology and any other examinations as required by the board. 
  4.36     Subd. 8.  [FREQUENCY.] Emeritus registration shall be 
  5.1   granted to a licensee one time only. 
  5.2      Subd. 9.  [PRESENTATION TO PUBLIC.] A registrant under this 
  5.3   section shall comply with the provisions of section 148.96. 
  5.4      Subd. 10.  [VIOLATION.] A registrant who violates the 
  5.5   Psychology Practice Act or is convicted of a crime is subject to 
  5.6   board action. 
  5.7      Subd. 11.  [GRANDPARENTING FOR EMERITUS 
  5.8   REGISTRATION.] Before January 1, 2000, former licensees of the 
  5.9   board who otherwise meet the criteria in this section, except 
  5.10  that they have voluntarily terminated their license to practice 
  5.11  psychology in Minnesota, may apply for emeritus registration. 
  5.12     Sec. 3.  Minnesota Statutes 1996, section 148.941, 
  5.13  subdivision 2, is amended to read: 
  5.14     Subd. 2.  [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 
  5.15  DISCIPLINARY ACTION.] (a) The board may impose disciplinary 
  5.16  action as described in paragraph (b) against an applicant or 
  5.17  licensee whom the board, by a preponderance of the evidence, 
  5.18  determines:  
  5.19     (1) has violated a statute, rule, or order that the board 
  5.20  issued or is empowered to enforce; 
  5.21     (2) has engaged in fraudulent, deceptive, or dishonest 
  5.22  conduct, whether or not the conduct relates to the practice of 
  5.23  psychology, that adversely affects the person's ability or 
  5.24  fitness to practice psychology; 
  5.25     (3) has engaged in unprofessional conduct or any other 
  5.26  conduct which has the potential for causing harm to the public, 
  5.27  including any departure from or failure to conform to the 
  5.28  minimum standards of acceptable and prevailing practice without 
  5.29  actual injury having to be established; 
  5.30     (4) has been convicted of or has pled guilty or nolo 
  5.31  contendere to a felony or other crime, an element of which is 
  5.32  dishonesty or fraud, or has been shown to have engaged in acts 
  5.33  or practices tending to show that the applicant or licensee is 
  5.34  incompetent or has engaged in conduct reflecting adversely on 
  5.35  the applicant's or licensee's ability or fitness to engage in 
  5.36  the practice of psychology; 
  6.1      (5) has employed fraud or deception in obtaining or 
  6.2   renewing a license, or in passing an examination; 
  6.3      (6) has had a psychology license, certificate, 
  6.4   registration, privilege to take an examination, or other similar 
  6.5   authority denied, revoked, suspended, canceled, limited, or not 
  6.6   renewed for cause in any jurisdiction; 
  6.7      (7) has failed to meet any requirement for the issuance or 
  6.8   renewal of the person's license.  The burden of proof is on the 
  6.9   applicant or licensee to demonstrate the qualifications or 
  6.10  satisfy the requirements for a license under the psychology 
  6.11  practice act; 
  6.12     (8) has failed to cooperate with an investigation of the 
  6.13  board as required under subdivision 4; 
  6.14     (9) has demonstrated an inability to practice psychology 
  6.15  with reasonable skill and safety to clients due to any mental or 
  6.16  physical illness or condition; or 
  6.17     (10) has engaged in fee splitting.  This clause does not 
  6.18  apply to the distribution of revenues from a partnership, group 
  6.19  practice, nonprofit corporation, or professional corporation to 
  6.20  its partners, shareholders, members, or employees if the 
  6.21  revenues consist only of fees for services performed by the 
  6.22  licensee or under a licensee's administrative authority.  Fee 
  6.23  splitting includes, but is not limited to: 
  6.24     (i) paying, offering to pay, receiving, or agreeing to 
  6.25  receive a commission, rebate, or remuneration, directly or 
  6.26  indirectly, primarily for the referral of clients; 
  6.27     (ii) dividing fees with another person or a professional 
  6.28  corporation, unless the division is in proportion to the 
  6.29  services provided and the responsibility assumed by each 
  6.30  professional; 
  6.31     (iii) referring a client to any health care provider as 
  6.32  defined in section 144.335 in which the referring licensee has a 
  6.33  significant financial interest unless the licensee has disclosed 
  6.34  in advance to the client the licensee's own financial interest; 
  6.35  and 
  6.36     (iv) dispensing for profit any instrument, test, procedure, 
  7.1   or device, unless the licensee has disclosed in advance to the 
  7.2   client the licensee's own profit interest; 
  7.3      (11) is a licensee who has practiced beyond the scope of 
  7.4   practice for individuals licensed for part-time practice; or 
  7.5      (12) is an emeritus registrant who has violated the 
  7.6   Psychology Practice Act or has been convicted of a crime. 
  7.7      (b) If grounds for disciplinary action exist under 
  7.8   paragraph (a), the board may take one or more of the following 
  7.9   actions: 
  7.10     (1) refuse to grant or renew a license; 
  7.11     (2) revoke a license; 
  7.12     (3) suspend a license; 
  7.13     (4) impose limitations or conditions on a licensee's 
  7.14  practice of psychology, including, but not limited to, limiting 
  7.15  the scope of practice to designated competencies, imposing 
  7.16  retraining or rehabilitation requirements, requiring the 
  7.17  licensee to practice under supervision, or conditioning 
  7.18  continued practice on the demonstration of knowledge or skill by 
  7.19  appropriate examination or other review of skill and competence; 
  7.20     (5) censure or reprimand the licensee; 
  7.21     (6) refuse to permit an applicant to take the licensure 
  7.22  examination or refuse to release an applicant's examination 
  7.23  grade if the board finds that it is in the public interest; or 
  7.24     (7) impose a civil penalty not exceeding $5,000 for each 
  7.25  separate violation.  The amount of the penalty shall be fixed so 
  7.26  as to deprive the applicant or licensee of any economic 
  7.27  advantage gained by reason of the violation charged, or to 
  7.28  discourage repeated violations.  
  7.29     (c) In lieu of or in addition to paragraph (b), the board 
  7.30  may require, as a condition of continued licensure, termination 
  7.31  of suspension, reinstatement of license, examination, or release 
  7.32  of examination grades, that the applicant or licensee: 
  7.33     (1) submit to a quality review, as specified by the board, 
  7.34  of the applicant's or licensee's ability, skills, or quality of 
  7.35  work; and 
  7.36     (2) complete to the satisfaction of the board educational 
  8.1   courses specified by the board. 
  8.2      (d) Service of the order is effective if the order is 
  8.3   served on the applicant, licensee, or counsel of record 
  8.4   personally or by mail to the most recent address provided to the 
  8.5   board for the licensee, applicant, or counsel of record.  The 
  8.6   order shall state the reasons for the entry of the order. 
  8.7      Sec. 4.  Minnesota Statutes 1996, section 148.96, 
  8.8   subdivision 1, is amended to read: 
  8.9      Subdivision 1.  [REQUIREMENTS FOR PROFESSIONAL 
  8.10  IDENTIFICATION.] All licensees, when representing themselves in 
  8.11  activities relating to the practice of psychology, including in 
  8.12  written materials or advertising, shall identify the academic 
  8.13  degree upon which their licensure is based, as well as their 
  8.14  level of licensure.  Individuals licensed on the basis of the 
  8.15  equivalent of a master's degree in a doctoral program, when 
  8.16  representing themselves in activities relating to the practice 
  8.17  of psychology, including in written materials or advertising, 
  8.18  shall use the designation "M. Eq." to identify the educational 
  8.19  status on which licensure is based, as well as their level of 
  8.20  licensure. 
  8.21     Sec. 5.  Minnesota Statutes 1996, section 148.96, 
  8.22  subdivision 3, is amended to read: 
  8.23     Subd. 3.  [REQUIREMENTS FOR REPRESENTATIONS TO THE PUBLIC.] 
  8.24  (a) Unless licensed under sections 148.88 to 148.98, except as 
  8.25  provided in paragraphs (b) through (d) (e), persons shall 
  8.26  not present represent themselves or permit themselves to be 
  8.27  presented represented to the public by: 
  8.28     (1) using any title or description of services 
  8.29  incorporating the words "psychology," 
  8.30  "psychological," "psychological practitioner," or 
  8.31  "psychologist"; or 
  8.32     (2) representing that the person has expert qualifications 
  8.33  in an area of psychology. 
  8.34     (b) Psychologically trained individuals who are employed by 
  8.35  an educational institution recognized by a regional accrediting 
  8.36  organization, by a federal, state, county, or local government 
  9.1   institution, agencies, or research facilities, may represent 
  9.2   themselves by the title designated by that organization. 
  9.3      (c) A psychologically trained individual from an 
  9.4   institution described in paragraph (b) may offer lecture 
  9.5   services and is exempt from the provisions of this section. 
  9.6      (d) A person who is preparing for the practice of 
  9.7   psychology under supervision in accordance with board statutes 
  9.8   and rules may be designated as a "psychological intern," 
  9.9   "psychological trainee," or by other terms clearly describing 
  9.10  the person's training status. 
  9.11     (e) Emeritus registrants may represent themselves using the 
  9.12  descriptions in paragraph (a), clauses (1) and (2), but shall 
  9.13  not represent themselves or allow themselves to be represented 
  9.14  as current licensees of the board. 
  9.15     (e) (f) Nothing in this section shall be construed to 
  9.16  prohibit the practice of school psychology by a person licensed 
  9.17  in accordance with chapter 125.