HF 1262

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/23/2019 10:16am

A bill for an act
relating to health occupations; modifying provisions related to marriage and family
therapists; making technical and clarifying changes; amending Minnesota Statutes
2018, sections 148B.29, subdivision 1, by adding a subdivision; 148B.31; 148B.32;
148B.33, subdivision 2; 148B.35; 148B.37, subdivision 1, by adding a subdivision;
148B.38, subdivisions 1, 2; 148B.39; proposing coding for new law in Minnesota
Statutes, chapter 148B; repealing Minnesota Statutes 2018, sections 148B.01,
subdivisions 1, 4, 7; 148B.03; 148B.04, subdivisions 2, 3, 4, 5, 6; 148B.05,
subdivision 1; 148B.06, subdivision 1; 148B.07; 148B.08; 148B.09; 148B.10;
148B.11; 148B.12; 148B.13; 148B.14; 148B.15; 148B.17; 148B.175; 148B.1751;
148B.30, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 148B.29, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

For the purposes of sections 148B.29 to deleted text begin 148B.39 deleted text end new text begin 148B.392 new text end ,
the following terms have the meanings given.

Sec. 2.

Minnesota Statutes 2018, section 148B.29, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Licensee. new text end

new text begin "Licensee" means a person who is licensed by the Board of Marriage
and Family Therapy.
new text end

Sec. 3.

Minnesota Statutes 2018, section 148B.31, is amended to read:

148B.31 DUTIES OF THE BOARD.

The board shall:

(1) adopt and enforce rules for marriage and family therapy licensing, which shall be
designed to protect the public;

(2) develop by rule appropriate techniques, including examinations and other methods,
for determining whether applicants and licensees are qualified under sections 148B.29 to
deleted text begin 148B.39 deleted text end new text begin 148B.392 new text end ;

(3) issue licenses to individuals who are qualified under sections 148B.29 to deleted text begin 148B.39 deleted text end new text begin
148B.392 new text end ;

(4) establish and implement procedures designed to assure that licensed marriage and
family therapists will comply with the board's rules;

(5) study and investigate the practice of marriage and family therapy within the state in
order to improve the standards imposed for the licensing of marriage and family therapists
and to improve the procedures and methods used for enforcement of the board's standards;

(6) formulate and implement a code of ethics for all licensed marriage and family
therapists; and

(7) establish continuing education requirements for marriage and family therapists.

Sec. 4.

Minnesota Statutes 2018, section 148B.32, is amended to read:

148B.32 PROHIBITIONS AND PENALTY.

Subdivision 1.

Unlicensed practice prohibited.

deleted text begin After adoption of rules by the board
implementing sections 148B.29 to 148B.39, deleted text end No individual shall engage in marriage and
family therapy practice unless that individual holds a valid license issued under sections
148B.29 to deleted text begin 148B.39 deleted text end new text begin 148B.392 new text end .

Subd. 2.

Appearance as licensee prohibited.

deleted text begin After adoption of rules by the board
implementing sections 148B.29 to 148B.39, deleted text end No individual shall be held out to be a marriage
and family therapist unless that individual holds a valid license issued under sections 148B.29
to deleted text begin 148B.39 deleted text end new text begin 148B.392 new text end , is a psychologist licensed by the Board of Psychology with a
competency in marriage and family therapy, or is a person providing marriage and family
therapy who is employed by a hospital licensed under chapter 144 and who is acting within
the scope of the person's employment.

Subd. 3.

Penalty.

A person who violates a provision of sections 148B.29 to deleted text begin 148B.39 deleted text end new text begin
148B.392 new text end is guilty of a gross misdemeanor.

Sec. 5.

Minnesota Statutes 2018, section 148B.33, subdivision 2, is amended to read:

Subd. 2.

Fee.

Each applicant shall pay deleted text begin a nonrefundable deleted text end new text begin an new text end application fee new text begin as specified
new text end under section deleted text begin 148B.17 deleted text end new text begin 148B.392 new text end .

Sec. 6.

Minnesota Statutes 2018, section 148B.35, is amended to read:

148B.35 RECIPROCITY WITH OTHER STATES.

The board shall issue a marriage and family therapist's license to an individual who holds
a current license as a marriage and family therapist from another jurisdiction if the board
determines that the standards for licensure in the other jurisdiction are at least equivalent
to or exceed the requirements of sections 148B.29 to deleted text begin 148B.39 deleted text end new text begin 148B.392 new text end and the rules of
the board.

Sec. 7.

new text begin [148B.351] MALPRACTICE HISTORY.
new text end

new text begin Subdivision 1. new text end

new text begin Submission. new text end

new text begin Licensees or applicants for licensure who have previously
practiced in another state shall submit with their application the following information:
new text end

new text begin (1) number, date, and disposition of any malpractice settlement or award made relating
to the quality of services provided by the licensee or applicant; and
new text end

new text begin (2) number, date, and disposition of any civil litigations or arbitrations relating to the
quality of services provided by the licensee or applicant in which the party complaining
against the licensee or applicant prevailed or otherwise received a favorable decision or
order.
new text end

new text begin Subd. 2. new text end

new text begin Board action. new text end

new text begin The board shall give due consideration to the information
submitted under this section. A licensee or applicant for licensure who willfully submits
incorrect information is subject to disciplinary action under sections 148B.29 to 148B.392.
new text end

Sec. 8.

Minnesota Statutes 2018, section 148B.37, subdivision 1, is amended to read:

Subdivision 1.

Grounds for action.

new text begin (a) new text end The board may deleted text begin refuse to grant a license to, or
may suspend, revoke, condition, limit, qualify, or restrict the license of any individual deleted text end new text begin take
disciplinary action as described under paragraph (b) against a licensee or applicant new text end who the
board, after a hearing under the contested case provisions of chapter 14, determines:

(1) is incompetent to practice marriage and family therapy, or is found to engage in the
practice of marriage and family therapy in a manner harmful or dangerous to a client or to
the public;

(2) is convicted by a court of competent jurisdiction of a crime that the board determines
is of a nature to render the convicted person unfit to practice marriage and family therapy.
The board should compile, maintain, and publish a list of such crimes;

(3) has violated a provision of sections 148B.29 to deleted text begin 148B.39 deleted text end new text begin 148B.392 new text end or one or more
of the rules of the board;

(4) has obtained or attempted to obtain a license or license renewal by bribery or
fraudulent representation;

(5) has knowingly made a false statement on a form required by the board for licensing
or license renewal; or

(6) has failed to obtain continuing education credits required by the board.

new text begin (b) If grounds for disciplinary action exists under paragraph (a), the board may take one
or more of the following disciplinary actions:
new text end

new text begin (1) refuse to grant or renew a license;
new text end

new text begin (2) revoke a license;
new text end

new text begin (3) suspend a license;
new text end

new text begin (4) impose limitations on the practice of the licensee;
new text end

new text begin (5) impose conditions on the practice of the licensee;
new text end

new text begin (6) 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 licensee of any economic advantage
gained by reason of the violation charged, or to discourage repeated violations;
new text end

new text begin (7) impose a fee to reimburse the board for all or part of the cost of the proceedings
resulting in disciplinary action including but not limited to the amount paid by the board
for services from the Office of Administrative Hearings, attorney fees, court reporters,
witnesses, reproduction of records, board members' per diem compensation, board staff
time, and expense incurred by board members and staff;
new text end

new text begin (8) censure or reprimand the licensee; or
new text end

new text begin (9) take any other action justified by the facts of the case.
new text end

Sec. 9.

Minnesota Statutes 2018, section 148B.37, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Evidence of past sexual conduct. new text end

new text begin In a proceeding for the suspension or
revocation of the right to practice or other disciplinary or adverse action involving sexual
contact with a client or former client, the board or administrative law judge shall not consider
evidence of the client's previous sexual conduct nor shall any reference to this conduct be
made during the proceedings or in the findings, except by motion of the complainant, unless
the evidence would be admissible under the applicable provisions of section 609.347,
subdivision 3.
new text end

Sec. 10.

new text begin [148B.371] COMPLAINTS; INVESTIGATION HEARINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Discovery; subpoenas. new text end

new text begin In all matters relating to the board's lawful
regulatory activities, the board may issue subpoenas and compel the attendance of witnesses
and the production of all necessary papers, books, records, documents, and other evidentiary
materials. Any person failing or refusing to appear to testify regarding any matter about
which the person may be lawfully questioned or failing to produce any papers, books,
records, documents, or other evidentiary materials in the matter to be heard, after having
been required by order of the board or by a subpoena of the board to do so may, upon
application to the district court in any district, be ordered to comply with the subpoena or
order. Any board member may administer oaths to witnesses or take their affirmation.
Depositions may be taken within or without the state in the manner provided by law for the
taking of depositions in civil actions. A subpoena or other process or paper may be served
upon a person it names anywhere within the state by any officer authorized to serve
subpoenas or other process or paper in civil actions in the same manner as prescribed by
law for service of process issued out of the district court of this state.
new text end

new text begin Subd. 2. new text end

new text begin Classification of data. new text end

new text begin The board shall maintain any records, other than client
records, obtained as part of an investigation as investigative data under section 13.41. Client
records are classified as private under chapter 13 and must be protected as such in the records
of the board and in administrative or judicial proceedings unless the client authorizes the
board in writing to make public the identity of the client or a portion or all of the client's
records.
new text end

new text begin Subd. 3. new text end

new text begin Examination. new text end

new text begin If the board has probable cause to believe that an applicant or
licensee has engaged in conduct prohibited by section 214.10, or statute or rule enforced
by the board, the board may issue an order directing the applicant or licensee to submit to
a mental or physical examination or chemical dependency evaluation. For the purpose of
this section, every applicant or licensee is considered to have consented to submit to a mental
or physical examination or chemical dependency evaluation when ordered to do so in writing
by the board and to have waived all objections to the admissibility of the examiner's or
evaluator's testimony or reports on the grounds that the testimony or reports constitute a
privileged communication.
new text end

new text begin Subd. 4. new text end

new text begin Failure to submit to an examination. new text end

new text begin (a) Failure to submit to an examination
or evaluation when ordered, unless the failure was due to circumstances beyond the control
of the applicant or licensee, constitutes an admission that the applicant or licensee violated
section 214.10, or statute or rule enforced by the board, based on the factual specifications
in the examination or evaluation order, and may result in an application being denied or a
default and final disciplinary order being entered after a contested case hearing. The only
issues to be determined at the hearing are whether the designated board member had probable
cause to issue the examination or evaluation order and whether the failure to submit was
due to circumstances beyond the control of the applicant or licensee. Neither the record of
a proceeding under this subdivision nor the orders entered by the board are admissible,
subject to subpoena, or to be used against the applicant or licensee in a proceeding in which
the board is not a party or decision maker.
new text end

new text begin (b) Information obtained under this subdivision is classified as private under chapter 13
and the orders issued by the board as the result of an applicant or licensee to submit to an
examination or evaluation are classified as public.
new text end

new text begin Subd. 5. new text end

new text begin Access to data and records. new text end

new text begin In addition to ordering a physical or mental
examination or chemical dependency evaluation and notwithstanding section 13.384,
144.651, 595.02, or any other law limiting access to medical or other health records, the
board may obtain data and health records relating to an applicant or licensee without the
applicant's or licensee's consent if the board has probable cause to believe that an applicant
or licensee has engaged in conduct prohibited by section 214.10, or statute or rule enforced
by the board. An applicant, licensee, insurance company, health care facility, provider as
defined in section 144.291, subdivision 2, paragraph (i), 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 in
accordance with a written request made under this subdivision, unless the information is
false and the person or entity giving the information knew or had reason to know that the
information was false. Information on individuals obtained under this section is investigative
data under section 13.41.
new text end

new text begin Subd. 6. new text end

new text begin Temporary suspension. new text end

new text begin In addition to any other remedy provided by law, the
board may, acting through its designated board member and without a hearing, temporarily
suspend the right of a licensee to practice if the board member finds that the licensee has
violated a statute or rule that the board is empowered to enforce and that continued practice
by the licensee would create a serious risk of harm to others. The suspension is in effect
upon service of a written order on the licensee specifying the statute or rule violated. The
order remains in effect until the board issues a final order in the matter after a hearing or
upon agreement between the board and the licensee. Service of the order is effective if the
order is served on the licensee or counsel of record personally or by first class mail to the
most recent address provided to the board for the licensee or the counsel of record. Within
ten days of service of the order, the board shall hold a hearing before its own members on
the sole issue of whether there is a reasonable basis to continue, modify, or lift the suspension.
Evidence presented by the board or licensee may be in affidavit form only. The licensee or
the counsel of record may appear for oral argument. Within five working days after the
hearing, the board shall issue its order and, if the suspension is continued, schedule a
contested case hearing within 45 days after issuance of the order. The administrative law
judge shall issue a report within 30 days after closing of the contested case hearing record.
The board shall issue a final order within 30 days after receipt of that report.
new text end

new text begin Subd. 7. new text end

new text begin Automatic suspension; restoration. new text end

new text begin The right to practice is automatically
suspended if (1) a guardian of a licensee is appointed by order of a court under sections
524.5-101 to 524.5-502, or (2) the licensee is committed by order of a court pursuant to
chapter 253B. The right to practice remains suspended until the licensee is restored to
capacity by a court and, upon petition by the licensee, the suspension is terminated by the
board after a hearing or upon agreement between the board and the licensee. In its discretion,
the board may restore and reissue permission to provide services, but as a condition of the
permission may impose a disciplinary or corrective measure that it might originally have
imposed.
new text end

new text begin Subd. 8. new text end

new text begin Additional remedies. new text end

new text begin (a) The board may in its own name issue a cease and
desist order to stop a person from engaging in an unauthorized practice or violating or
threatening to violate a statute, rule, or order which the board has issued or is empowered
to enforce. The cease and desist order must state the reason for its issuance and give notice
of the person's right to request a hearing under sections 14.57 to 14.62. If, within 15 days
of service of the order, the subject of the order fails to request a hearing in writing, the order
is the final order of the board and is not reviewable by a court or agency.
new text end

new text begin (b) A hearing must be initiated by the board not later than 30 days from the date of the
board's receipt of a written hearing request. Within 30 days of receipt of the administrative
law judge's report, the board shall issue a final order modifying, vacating, or making
permanent the cease and desist order as the facts require. The final order remains in effect
until modified or vacated by the board.
new text end

new text begin (c) When a request for a stay accompanies a timely hearing request, the board may, in
its discretion, grant the stay. If the board does not grant a requested stay, it shall refer the
request to the Office of Administrative Hearings within three working days of receipt of
the request. Within ten days after receiving the request from the board, an administrative
law judge shall issue a recommendation to grant or deny the stay. The board shall grant or
deny the stay within five days of receiving the administrative law judge's recommendation.
new text end

new text begin (d) In the event of noncompliance with a cease and desist order, the board may institute
a proceeding in Ramsey County District Court to obtain injunctive relief or other appropriate
relief, including a civil penalty payable to the board not exceeding $10,000 for each separate
violation.
new text end

new text begin Subd. 9. new text end

new text begin Injunctive relief. new text end

new text begin In addition to any other remedy provided by law, including
the issuance of a cease and desist order under subdivision 1, the board may in its own name
bring an action in Ramsey County District Court for injunctive relief to restrain any
unauthorized practice or violation or threatened violation of any statute, rule, or order which
the board is empowered to regulate, enforce, or issue. A temporary restraining order must
be granted in the proceeding if continued activity by a licensee would create a serious risk
of harm to others. The board need not show irreparable harm.
new text end

new text begin Subd. 10. new text end

new text begin Additional powers. new text end

new text begin The issuance of a cease and desist order or injunctive
relief granted under this section does not relieve a licensee from criminal prosecution by a
competent authority or from disciplinary action by the board. Nothing in this section limits
the board's authority to seek injunctive relief under section 214.11.
new text end

Sec. 11.

new text begin [148B.372] PROFESSIONAL COOPERATION.
new text end

new text begin A licensee who is the subject of an investigation by or on behalf of the board shall
cooperate fully with the investigation. Cooperation includes responding fully and promptly
to any question raised by or on behalf of the board relating to the subject of the investigation
and providing copies of client records, as reasonably requested by the board, to assist the
board in its investigation. The board shall pay for copies requested. If the board does not
have a written consent from a client permitting access to the client's records, the licensee
shall delete any data in the record that identifies the client before providing it to the board.
The board shall maintain any records obtained pursuant to this section as investigative data
pursuant to chapter 13.
new text end

Sec. 12.

Minnesota Statutes 2018, section 148B.38, subdivision 1, is amended to read:

Subdivision 1.

Other professionals.

Nothing in sections 148B.29 to deleted text begin 148B.39 deleted text end new text begin 148B.392 new text end
shall be construed to prevent qualified members of other licensed or certified professions
or occupations, such as licensed physicians, registered nurses, licensed practical nurses,
psychologists licensed by the board of psychology, social workers, probation officers,
members of the clergy, attorneys, school counselors who are employed by an accredited
educational institution while performing those duties for which they are employed, registered
occupational therapists or certified occupational therapist assistants who are certified by
the American Occupational Therapy Association, from doing work of a marriage and family
therapy nature.

Sec. 13.

Minnesota Statutes 2018, section 148B.38, subdivision 2, is amended to read:

Subd. 2.

Students.

Nothing in sections 148B.29 to deleted text begin 148B.39 deleted text end new text begin 148B.392 new text end shall be construed
to prevent marriage and family therapy practice by students or interns or individuals preparing
for marriage and family therapy to practice under qualified supervision of a licensed
professional, recognized and approved by the board in a recognized educational institution
or agency so long as they are designated by titles such as "student," "trainee," "intern," or
other titles clearly indicating training status.

Sec. 14.

new text begin [148B.381] REPORTING OBLIGATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Permission to report. new text end

new text begin A person who has knowledge of any conduct
constituting grounds for disciplinary action relating to licensure or unlicensed practice under
sections 148B.29 to 148B.392 may report the violation to the board.
new text end

new text begin Subd. 2. new text end

new text begin Institutions. new text end

new text begin A state agency, political subdivision, agency of a local unit of
government, private agency, hospital, clinic, prepaid medical plan, or other health care
institution or organization located in this state shall report to the board any action taken by
the agency, institution, or organization or any of its administrators or medical or other
committees to revoke, suspend, restrict, or condition a licensee's privilege to practice or
treat patients or clients in the institution, or as part of the organization, any denial of
privileges, or any other disciplinary action for conduct that might constitute grounds for
disciplinary action by the board under sections 148B.29 to 148B.392. The institution or
organization shall also report the resignation of any licensees prior to the conclusion of any
disciplinary action proceeding for conduct that might constitute grounds for disciplinary
action under sections 148B.29 to 148B.392, or prior to the commencement of formal charges
but after the licensee had knowledge that formal charges were contemplated or in preparation.
new text end

new text begin Subd. 3. new text end

new text begin Professional societies or associations. new text end

new text begin A state or local professional society or
association for licensees shall forward to the board any complaint received concerning the
ethics or conduct of the practice of marriage and family therapy. The society or association
shall forward a complaint to the board upon receipt of the complaint. The society or
association shall also report to the board any disciplinary action taken against a member.
new text end

new text begin Subd. 4. new text end

new text begin Licensed professionals. new text end

new text begin A licensed health professional shall report to the board
personal knowledge of any conduct that the licensed health professional reasonably believes
constitutes grounds for disciplinary action under sections 148B.29 to 148B.392 by any
licensee, including conduct indicating that the licensee may be medically incompetent, or
may be medically or physically unable to engage safely in the provision of services. If the
information was obtained in the course of a client relationship, the client is another licensee,
and the treating individual successfully counsels the other individual to limit or withdraw
from practice to the extent required by the impairment, the board may deem this limitation
of or withdrawal from practice to be sufficient disciplinary action.
new text end

new text begin Subd. 5. new text end

new text begin Insurers. new text end

new text begin (a) Four times each year as prescribed by the board, each insurer
authorized to sell insurance described in section 60A.06, subdivision 1, clause (13), and
providing professional liability insurance to licensees, or the Joint Underwriting Association
under chapter 62I, shall submit to the board a report concerning the licensees against whom
malpractice settlements or awards have been made to the plaintiff. The report must contain
at least the following information:
new text end

new text begin (1) the total number of malpractice settlements or awards made;
new text end

new text begin (2) the date the malpractice settlements or awards were made;
new text end

new text begin (3) the allegations contained in the claim or complaint leading to the settlements or
awards made;
new text end

new text begin (4) the dollar amount of each malpractice settlement or award;
new text end

new text begin (5) the regular address of the practice of the licensee against whom an award was made
or with whom a settlement was made; and
new text end

new text begin (6) the name of the licensee against whom an award was made or with whom a settlement
was made.
new text end

new text begin (b) The insurance company shall, in addition to the information listed in paragraph (a),
report to the board any information it possesses that tends to substantiate a charge that a
licensee may have engaged in conduct violating this chapter.
new text end

new text begin Subd. 6. new text end

new text begin Courts. new text end

new text begin The court administrator of a district court or any other court of
competent jurisdiction shall report to the board any judgment or other determination of the
court that adjudges or includes a finding that a licensee is a person who is mentally ill,
mentally incompetent, guilty of a felony, guilty of a violation of federal or state narcotics
laws or controlled substances act, or guilty of abuse or fraud under Medicare or Medicaid;
or that appoints a guardian of the licensee pursuant to sections 524.5-101 to 524.5-502 or
commits a licensee pursuant to chapter 253B.
new text end

new text begin Subd. 7. new text end

new text begin Self-reporting. new text end

new text begin A licensee shall report to the board any personal action that
would require that a report be filed by any person, health care facility, business, or
organization pursuant to subdivisions 2 to 6.
new text end

new text begin Subd. 8. new text end

new text begin Deadlines; forms. new text end

new text begin Reports required by subdivisions 2 to 7 must be submitted
not later than 30 days after the occurrence of the reportable event or transaction. The board
may provide forms for the submission of reports required by this section, may require that
reports be submitted on the forms provided, and may adopt rules necessary to ensure prompt
and accurate reporting.
new text end

new text begin Subd. 9. new text end

new text begin Subpoenas. new text end

new text begin The board may issue subpoenas for the production of any reports
required by subdivisions 2 to 7 or any related documents.
new text end

new text begin Subd. 10. new text end

new text begin Failure to report. new text end

new text begin Any person, institution, insurer, or organization that fails
to report as required under subdivisions 2 to 6 shall be subject to civil penalties for failing
to report as required by law.
new text end

Sec. 15.

new text begin [148B.382] IMMUNITY.
new text end

new text begin Subdivision 1. new text end

new text begin Reporting. new text end

new text begin Any person, health care facility, business, or organization is
immune from civil liability or criminal prosecution for submitting in good faith a report
under section 148B.381 or for otherwise reporting violations or alleged violations of sections
148B.29 to 148B.392. The reports are classified under section 13.41.
new text end

new text begin Subd. 2. new text end

new text begin Investigation. new text end

new text begin Members of the board and persons employed by the board or
engaged in the investigation of violations and in the preparation and management of charges
of violations of sections 148B.29 to 148B.392 on behalf of the board, are immune from
civil liability and criminal prosecution for any actions, transactions, or publications in the
execution of, or relating to, their duties under sections 148B.29 to 148B.392.
new text end

Sec. 16.

new text begin [148B.385] DISCIPLINARY RECORD ON JUDICIARY REVIEW.
new text end

new text begin Upon judicial review of any board disciplinary or adverse action taken under sections
148B.29 to 148B.392, the reviewing court shall seal the administrative record, except for
the board's final decision, and shall not make the administrative record available to the
public.
new text end

Sec. 17.

Minnesota Statutes 2018, section 148B.39, is amended to read:

148B.39 PRIVILEGED COMMUNICATIONS; EXCEPTIONS.

A person licensed under sections 148B.29 to deleted text begin 148B.39 deleted text end new text begin 148B.392 new text end and employees and
professional associates of the person cannot be required to disclose any information that
the person, employee, or associate may have acquired in rendering marriage and family
therapy services, unless:

(1) disclosure is required by other state laws;

(2) failure to disclose the information presents a clear and present danger to the health
or safety of an individual;

(3) the person, employee, or associate is a party defendant to a civil, criminal, or
disciplinary action arising from the therapy, in which case a waiver of the privilege accorded
by this section is limited to that action;

(4) the patient is a defendant in a criminal proceeding and the use of the privilege would
violate the defendant's right to a compulsory process or the right to present testimony and
witnesses in that person's behalf; and

(5) a patient agrees to a waiver of the privilege accorded by this section, and in
circumstances where more than one person in a family is receiving therapy, each such family
member agrees to the waiver. Absent a waiver from each family member, a marital and
family therapist cannot disclose information received by a family member.

Sec. 18.

new text begin [148B.391] DUTY TO WARN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Other person" means an immediate family member or someone who personally
knows the client and has reason to believe the client is capable of and will carry out the
serious, specific threat of harm to a specific, clearly identified or identifiable victim.
new text end

new text begin (c) "Reasonable efforts" means communicating the serious, specific threat to the potential
victim and if unable to make contact with the potential victim, communicating the serious,
specific threat to the law enforcement agency closest to the potential victim or the client.
new text end

new text begin (d) For purposes of this section, "licensee" includes students or interns practicing marriage
and family therapy under qualified supervision as part of an accredited educational program
or under a supervised postgraduate experience in marriage and family therapy required for
licensure.
new text end

new text begin Subd. 2. new text end

new text begin Duty to warn. new text end

new text begin The duty to predict, warn of, or take reasonable precautions to
provide protection from, violent behavior arises only when a client or other person has
communicated to the licensee a specific, serious threat of physical violence against a specific,
clearly identified or identifiable potential victim. If a duty to warn arises, the duty is
discharged by the licensee if reasonable efforts are made to communicate the threat.
new text end

new text begin Subd. 3. new text end

new text begin Liability standard. new text end

new text begin If no duty to warn exists under subdivision 2, then no
monetary liability and no cause of action may arise against a licensee for failure to predict,
warn of, or take reasonable precautions to provide protection from, a client's violent behavior.
new text end

new text begin Subd. 4. new text end

new text begin Disclosure of confidences. new text end

new text begin Good faith compliance with the duty to warn shall
not constitute a breach of confidence and shall not result in monetary liability or cause of
action against the licensee.
new text end

new text begin Subd. 5. new text end

new text begin Continuity of care. new text end

new text begin Nothing in subdivision 2 shall be construed to authorize
a licensee to terminate treatment of a client as a direct result of a client's violent behavior
or threat of physical violence unless the client is referred to another practitioner or appropriate
health care facility.
new text end

new text begin Subd. 6. new text end

new text begin Exception. new text end

new text begin This section does not apply to a threat to commit suicide or other
threats by a client to harm the client, or to a threat by a client who is adjudicated mentally
ill and dangerous under chapter 253B.
new text end

new text begin Subd. 7. new text end

new text begin Optional disclosure. new text end

new text begin Nothing in this section shall be construed to prohibit a
licensee from disclosing confidences to third parties in a good faith effort to warn against
or take precautions against a client's violent behavior or threat to commit suicide for which
a duty to warn does not arise.
new text end

new text begin Subd. 8. new text end

new text begin Limitation on liability. new text end

new text begin No monetary liability and no cause of action, or
disciplinary action by the board may arise against a licensee for disclosure of confidences
to third parties, for failure to disclose confidences to third parties, or for erroneous disclosure
of confidences to third parties in a good faith effort to warn against or take precautions
against a client's violent behavior or threat of suicide for which a duty to warn does not
arise.
new text end

Sec. 19.

new text begin [148B.392] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees; Board of Marriage and Family Therapy. new text end

new text begin The board's fees,
including late fees, for licenses and renewals are established so that the total fees collected
by the board will as closely as possible equal anticipated expenditures during the fiscal
biennium, as provided in section 16A.1285. Fees must be deposited in the state government
special revenue fund.
new text end

new text begin Subd. 2. new text end

new text begin Licensure and application fees. new text end

new text begin Licensure and application fees established
by the board shall not exceed the following amounts:
new text end

new text begin (1) application fee for national examination is $110;
new text end

new text begin (2) application fee for Licensed Marriage and Family Therapist (LMFT) state examination
is $110;
new text end

new text begin (3) initial LMFT license fee is prorated, but cannot exceed $125;
new text end

new text begin (4) annual renewal fee for LMFT license is $125;
new text end

new text begin (5) late fee for LMFT license renewal is $50;
new text end

new text begin (6) application fee for LMFT licensure by reciprocity is $220;
new text end

new text begin (7) fee for initial Licensed Associate Marriage and Family Therapist (LAMFT) license
is $75;
new text end

new text begin (8) annual renewal fee for LAMFT license is $75;
new text end

new text begin (9) late fee for LAMFT renewal is $25;
new text end

new text begin (10) fee for reinstatement of license is $150;
new text end

new text begin (11) fee for emeritus status is $125; and
new text end

new text begin (12) fee for temporary license for members of the military is $100.
new text end

new text begin Subd. 3. new text end

new text begin Other fees. new text end

new text begin Other fees charged by the board are as follows:
new text end

new text begin (1) sponsor application fee for approval of a continuing education course is $60;
new text end

new text begin (2) fee for license verification by mail is $10;
new text end

new text begin (3) duplicate license fee is $25;
new text end

new text begin (4) duplicate renewal card fee is $10;
new text end

new text begin (5) fee for licensee mailing list is $60;
new text end

new text begin (6) fee for a rule book is $10; and
new text end

new text begin (7) fees as authorized by section 148B.37, subdivision 1, paragraph (b), clause (7).
new text end

new text begin Subd. 4. new text end

new text begin Nonrefundable fees. new text end

new text begin All fees in this section are nonrefundable.
new text end

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 148B.01, subdivisions 1, 4, and 7; 148B.03; 148B.04,
subdivisions 2, 3, 4, 5, and 6; 148B.05, subdivision 1; 148B.06, subdivision 1; 148B.07;
148B.08; 148B.09; 148B.10; 148B.11; 148B.12; 148B.13; 148B.14; 148B.15; 148B.17;
148B.175; 148B.1751; and 148B.30, subdivision 2, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1262-1

148B.01 DEFINITIONS.

Subdivision 1.

Terms.

For the purposes of this chapter, the following terms have the meanings given.

Subd. 4.

Board.

"Board" means the Board of Marriage and Family Therapy established in section 148B.30.

Subd. 7.

Licensee.

"Licensee" means a person licensed by the Board of Marriage and Family Therapy.

148B.03 APPLICABILITY.

Sections 148B.04 to 148B.17 apply to the Board of Marriage and Family Therapy, and the licensees within its jurisdiction, unless superseded by an inconsistent law that relates specifically to it.

148B.04 DISCLOSURE.

Subd. 2.

Contested case proceedings.

Upon application of a party in a contested case proceeding before the board, the board shall produce and permit the inspection and copying, by or on behalf of the moving party, of any designated documents or papers relevant to the proceedings, in accordance with rule 34, Minnesota Rules of Civil Procedure.

Subd. 3.

Information on disciplinary actions.

If the board imposes disciplinary measures or takes disciplinary action of any kind, the name and business address of the licensee, the nature of the misconduct, and the action taken by the board, including all settlement agreements and other board orders, are public data.

Subd. 4.

Exchange of information.

The board shall exchange information with other boards, agencies, or departments within the state, as required under section 214.10, subdivision 8, paragraph (c).

Subd. 5.

Information to complainant.

The board shall furnish to a person who made a complaint a statement of the result of an investigation of the complaint and a description of the activities and actions of the board relating to the complaint.

Subd. 6.

Classification of certain residence addresses and telephone numbers.

Notwithstanding section 13.41, subdivision 2 or 5, the residence address and telephone number of an applicant or licensee are private data on individuals as defined in section 13.02, subdivision 12, if the applicant or licensee so requests and provides an alternative address and telephone number.

148B.05 RIGHT TO PRACTICE.

Subdivision 1.

Disciplinary action by a board.

A suspension, revocation, condition, limitation, qualification, or restriction of an individual's license or right to practice is in effect pending determination of an appeal unless the court, upon petition and for good cause shown, orders otherwise.

148B.06 TAX CLEARANCE CERTIFICATE.

Subdivision 1.

Certificate required.

A board may not issue or renew a license if the commissioner of revenue notifies the board and the licensee or applicant for a license that the licensee or applicant owes the state delinquent taxes in the amount of $500 or more. A board may issue or renew a license or filing only if the commissioner of revenue issues a tax clearance certificate and the commissioner of revenue or the licensee or applicant forwards a copy of the clearance to the board. The commissioner of revenue may issue a clearance certificate only if the licensee or applicant does not owe the state any uncontested delinquent taxes. For purposes of this section, "taxes" means all taxes payable to the commissioner of revenue, including penalties and interest due on those taxes. "Delinquent taxes" do not include a tax liability if (i) an administrative or court action that contests the amount or validity of the liability has been filed or served, (ii) the appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant has entered into a payment agreement to pay the liability and is current with the payments.

148B.07 REPORTING OBLIGATIONS.

Subdivision 1.

Permission to report.

A person who has knowledge of any conduct constituting grounds for disciplinary action relating to licensure or unlicensed practice under this chapter may report the violation to the board.

Subd. 2.

Institutions.

A state agency, political subdivision, agency of a local unit of government, private agency, hospital, clinic, prepaid medical plan, or other health care institution or organization located in this state shall report to the board any action taken by the agency, institution, or organization or any of its administrators or medical or other committees to revoke, suspend, restrict, or condition a licensee's privilege to practice or treat patients or clients in the institution, or as part of the organization, any denial of privileges, or any other disciplinary action for conduct that might constitute grounds for disciplinary action by the board under this chapter. The institution or organization shall also report the resignation of any licensees prior to the conclusion of any disciplinary action proceeding for conduct that might constitute grounds for disciplinary action under this chapter, or prior to the commencement of formal charges but after the licensee had knowledge that formal charges were contemplated or in preparation.

Subd. 3.

Professional societies or associations.

A state or local professional society or association for licensees shall forward to the board any complaint received concerning the ethics or conduct of the practice which the board regulates. The society or association shall forward a complaint to the board upon receipt of the complaint. The society or association shall also report to the appropriate board any disciplinary action taken against a member.

Subd. 4.

Licensed professionals.

A licensed health professional shall report to the board personal knowledge of any conduct that the licensed health professional reasonably believes constitutes grounds for disciplinary action under this chapter by any licensee, including conduct indicating that the licensee may be medically incompetent, or may be medically or physically unable to engage safely in the provision of services. If the information was obtained in the course of a client relationship, the client is another licensee, and the treating individual successfully counsels the other individual to limit or withdraw from practice to the extent required by the impairment, the board may deem this limitation of or withdrawal from practice to be sufficient disciplinary action.

Subd. 5.

Insurers.

Four times each year as prescribed by the board, each insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13), and providing professional liability insurance to licensees, or the Medical Joint Underwriting Association under chapter 62F, shall submit to the board a report concerning the licensees against whom malpractice settlements or awards have been made to the plaintiff. The report must contain at least the following information:

(1) the total number of malpractice settlements or awards made;

(2) the date the malpractice settlements or awards were made;

(3) the allegations contained in the claim or complaint leading to the settlements or awards made;

(4) the dollar amount of each malpractice settlement or award;

(5) the regular address of the practice of the licensee against whom an award was made or with whom a settlement was made; and

(6) the name of the licensee against whom an award was made or with whom a settlement was made.

The insurance company shall, in addition to the above information, report to the board any information it possesses that tends to substantiate a charge that a licensee may have engaged in conduct violating this chapter.

Subd. 6.

Courts.

The court administrator of district court or any other court of competent jurisdiction shall report to the board any judgment or other determination of the court that adjudges or includes a finding that a licensee is a person who is mentally ill, mentally incompetent, guilty of a felony, guilty of a violation of federal or state narcotics laws or controlled substances act, or guilty of an abuse or fraud under Medicare or Medicaid; or that appoints a guardian of the licensee pursuant to sections 524.5-101 to 524.5-502 or commits a licensee pursuant to chapter 253B.

Subd. 7.

Self-reporting.

A licensee shall report to the board or to the Office of Mental Health Practice any personal action that would require that a report be filed by any person, health care facility, business, or organization pursuant to subdivisions 2 to 6.

Subd. 8.

Deadlines; forms.

Reports required by subdivisions 2 to 7 must be submitted not later than 30 days after the occurrence of the reportable event or transaction. The board and the Office of Mental Health Practice may provide forms for the submission of reports required by this section, may require that reports be submitted on the forms provided, and may adopt rules necessary to assure prompt and accurate reporting.

Subd. 9.

Subpoenas.

The board and the Office of Mental Health Practice may issue subpoenas for the production of any reports required by subdivisions 2 to 7 or any related documents.

Subd. 10.

Failure to report.

On or after August 1, 2012, any person, institution, insurer, or organization that fails to report as required under subdivisions 2 to 6 shall be subject to civil penalties for failing to report as required by law.

148B.08 IMMUNITY.

Subdivision 1.

Reporting.

Any person, health care facility, business, or organization is immune from civil liability or criminal prosecution for submitting in good faith a report under section 148B.07 or for otherwise reporting violations or alleged violations of this chapter. The reports are classified under section 13.41.

Subd. 2.

Investigation.

Members of the board and persons employed by the board or engaged in the investigation of violations and in the preparation and management of charges of violations of this chapter on behalf of the board, are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of, or relating to, their duties under this chapter.

148B.09 PROFESSIONAL COOPERATION.

A licensee who is the subject of an investigation by or on behalf of a board shall cooperate fully with the investigation. Cooperation includes responding fully and promptly to any question raised by or on behalf of the board relating to the subject of the investigation and providing copies of client records, as reasonably requested by the board, to assist the board in its investigation. The board shall pay for copies requested. If the board does not have a written consent from a client permitting access to the client's records, the licensee shall delete any data in the record that identifies the client before providing it to the board. The board shall maintain any records obtained pursuant to this section as investigative data pursuant to chapter 13.

148B.10 DISCIPLINARY RECORD ON JUDICIAL REVIEW.

Upon judicial review of any board disciplinary or adverse action taken under this chapter, the reviewing court shall seal the administrative record, except for the board's final decision, and shall not make the administrative record available to the public.

148B.11 PROFESSIONAL ACCOUNTABILITY.

Subdivision 1.

Investigation.

Each board shall maintain and keep current a file containing the reports and complaints filed against licensees within the board's jurisdiction. Each complaint filed with a board pursuant to section 214.10, subdivision 1, must be investigated according to section 214.10, subdivision 2. If the files maintained by a board show that a malpractice settlement or award to the plaintiff has been made against a licensee as reported by insurers under section 148B.07, the executive director of the board shall notify the board and the board may authorize a review of the provider's practice.

Subd. 2.

Attorney general investigates.

When a board initiates a review of a licensee's practice it shall notify the attorney general who shall investigate the matter in the same manner as provided in section 214.10. If an investigation is to be made, the attorney general shall notify the licensee, and, if the incident being investigated occurred there, the administrator and chief of staff at the health care facilities or clinics in which the professional serves, if applicable.

Subd. 3.

Access to records.

The board shall be allowed access to records of a client treated by the licensee under review if the client signs a written consent permitting access. If no consent form has been signed, the hospital, clinic, or licensee shall first delete data in the record that identifies the client before providing it to the board.

148B.12 MALPRACTICE HISTORY.

Subdivision 1.

Submission.

Licensees or applicants for licensure who have previously practiced in another state shall submit with their application the following information:

(1) number, date, and disposition of any malpractice settlement or award made relating to the quality of services provided by the licensee or applicant; and

(2) number, date, and disposition of any civil litigations or arbitrations relating to the quality of services provided by the licensee or applicant in which the party complaining against the licensee or applicant prevailed or otherwise received a favorable decision or order.

Subd. 2.

Board action.

The board shall give due consideration to the information submitted under this section. A licensee or applicant for licensure who willfully submits incorrect information is subject to disciplinary action under this chapter.

148B.13 PUBLICATION OF DISCIPLINARY ACTIONS.

At least annually, each board shall publish and release to the public a description of all disciplinary measures or actions taken by the board. The publication must include, for each disciplinary measure or action taken, the name and business address of the licensee, the nature of the misconduct, and the measure or action taken by the board.

148B.14 EVIDENCE OF PAST SEXUAL CONDUCT.

In a proceeding for the suspension or revocation of the right to practice or other disciplinary or adverse action involving sexual contact with a client or former client, the board or administrative law judge shall not consider evidence of the client's previous sexual conduct nor shall any reference to this conduct be made during the proceedings or in the findings, except by motion of the complainant, unless the evidence would be admissible under the applicable provisions of section 609.347, subdivision 3.

148B.15 DISPUTE RESOLUTION.

Subdivision 1.

Arbitration.

Each board shall encourage licensees to submit all fee disputes with clients to binding arbitration.

Subd. 2.

Mediation.

Each board shall encourage licensees to submit all disputes with clients that are not related to violations of a code of professional conduct to voluntary mediation.

148B.17 FEES.

Subdivision. 1.

Fees; Board of Marriage and Family Therapy.

The board's fees, including late fees, for licenses and renewals are established so that the total fees collected by the board will as closely as possible equal anticipated expenditures during the fiscal biennium, as provided in section 16A.1285. Fees must be credited to the board's account in the state government special revenue fund.

Subd. 2.

Licensure and application fees.

Nonrefundable licensure and application fees established by the board shall not exceed the following amounts:

(1) application fee for national examination is $110;

(2) application fee for Licensed Marriage and Family Therapist (LMFT) state examination is $110;

(3) initial LMFT license fee is prorated, but cannot exceed $125;

(4) annual renewal fee for LMFT license is $125;

(5) late fee for LMFT license renewal is $50;

(6) application fee for LMFT licensure by reciprocity is $220;

(7) fee for initial Licensed Associate Marriage and Family Therapist (LAMFT) license is $75;

(8) annual renewal fee for LAMFT license is $75;

(9) late fee for LAMFT renewal is $25;

(10) fee for reinstatement of license is $150;

(11) fee for emeritus status is $125; and

(12) fee for temporary license for members of the military is $100.

Subd. 3.

Other fees.

Other fees charged by the board are as follows:

(1) sponsor application fee for approval of a continuing education course is $60;

(2) fee for license verification by mail is $10;

(3) duplicate license fee is $25;

(4) duplicate renewal card fee is $10;

(5) fee for licensee mailing list is $60;

(6) fee for a rule book is $10; and

(7) fees as authorized by section 148B.175, subdivision 6, clause (7).

148B.175 COMPLAINTS; INVESTIGATION AND HEARING.

Subdivision 1.

Discovery; subpoenas.

In all matters relating to its lawful regulatory activities, a board may issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, records, documents, and other evidentiary material. Any person failing or refusing to appear to testify regarding any matter about which the person may be lawfully questioned or failing to produce any papers, books, records, documents, or other evidentiary materials in the matter to be heard, after having been required by order of the board or by a subpoena of the board to do so may, upon application to the district court in any district, be ordered to comply with the subpoena or order. Any board member may administer oaths to witnesses or take their affirmation. Depositions may be taken within or without the state in the manner provided by law for the taking of depositions in civil actions. A subpoena or other process or paper may be served upon a person it names anywhere within the state by any officer authorized to serve subpoenas or other process or paper in civil actions in the same manner as prescribed by law for service of process issued out of the district court of this state.

Subd. 2.

Classification of data.

The board shall maintain any records, other than client records, obtained as part of an investigation, as investigative data under section 13.41. Client records are classified as private under chapter 13, and must be protected as such in the records of the board and in administrative or judicial proceeding unless the client authorizes the board in writing to make public the identity of the client or a portion or all of the client's records.

Subd. 3.

Examination.

If a board has probable cause to believe that an applicant or licensee has engaged in conduct prohibited by section 214.10, or statute or rule enforced by the board, it may issue an order directing the applicant or licensee to submit to a mental or physical examination or chemical dependency evaluation. For the purpose of this section, every applicant or licensee is considered to have consented to submit to a mental or physical examination or chemical dependency evaluation when ordered to do so in writing by the board and to have waived all objections to the admissibility of the examiner's or evaluator's testimony or reports on the grounds that the testimony or reports constitute a privileged communication.

Subd. 4.

Failure to submit to an examination.

Failure to submit to an examination or evaluation when ordered, unless the failure was due to circumstances beyond the control of the applicant or licensee, constitutes an admission that the applicant or licensee violated section 214.10, or statute or rule enforced by the board, based on the factual specifications in the examination or evaluation order, and may result in an application being denied or a default and final disciplinary order being entered after a contested case hearing. The only issues to be determined at the hearing are whether the designated board member had probable cause to issue the examination or evaluation order and whether the failure to submit was due to circumstances beyond the control of the applicant or licensee. Neither the record of a proceeding under this subdivision nor the orders entered by the board are admissible, subject to subpoena, or to be used against the applicant or licensee in a proceeding in which the board is not a party or decision maker. Information obtained under this subdivision is classified as private under chapter 13 and the orders issued by a board as the result of an applicant or licensee to submit to an examination or evaluation are classified as public.

Subd. 5.

Access to data and records.

In addition to ordering a physical or mental examination or chemical dependency evaluation and notwithstanding section 13.384, 144.651, 595.02, or any other law limiting access to medical or other health records, a board may obtain data and health records relating to an applicant or licensee without the applicant's or licensee's consent if the board has probable cause to believe that an applicant or licensee has engaged in conduct prohibited by section 214.10, or statute or rule enforced by the board. An applicant, licensee, insurance company, health care facility, provider as defined in section 144.291, subdivision 2, paragraph (h), 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 in accordance with a written request made under this subdivision, unless the information is false and the person or entity giving the information knew or had reason to know that the information was false. Information on individuals obtained under this section is investigative data under section 13.41.

Subd. 6.

Forms of disciplinary action.

When grounds for disciplinary action exist under section 214.10, or statute or rule enforced by the board, it may take one or more of the following disciplinary actions:

(1) deny the right to practice;

(2) revoke the right to practice;

(3) suspend the right to practice;

(4) impose limitations on the practice of the licensee;

(5) impose conditions on the practice of the licensee;

(6) 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 licensee of any economic advantage gained by reason of the violation charged, or to discourage repeated violations;

(7) impose a fee to reimburse the board for all or part of the cost of the proceedings resulting in disciplinary action including, but not limited to, the amount paid by the board for services from the Office of Administrative Hearings, attorney fees, court reporters, witnesses, reproduction of records, board members' per diem compensation, board staff time, and expense incurred by board members and staff;

(8) censure or reprimand the licensee; or

(9) take any other action justified by the facts of the case.

Subd. 7.

Temporary suspension.

In addition to any other remedy provided by law, the board may, acting through its designated board member and without a hearing, temporarily suspend the right of a licensee to practice if the board member finds that the licensee has violated a statute or rule that the board is empowered to enforce and that continued practice by the licensee would create a serious risk of harm to others. The suspension is in effect upon service of a written order on the licensee specifying the statute or rule violated. The order remains in effect until the board issues a final order in the matter after a hearing or upon agreement between the board and the licensee. Service of the order is effective if the order is served on the licensee or counsel of record personally or by first class mail to the most recent address provided to the board for the licensee or the counsel of record. Within ten days of service of the order, the board shall hold a hearing before its own members on the sole issue of whether there is a reasonable basis to continue, modify, or lift the suspension. Evidence presented by the board or licensee may be in affidavit form only. The licensee or the counsel of record may appear for oral argument. Within five working days after the hearing, the board shall issue its order and, if the suspension is continued, schedule a contested case hearing within 45 days after issuance of the order. The administrative law judge shall issue a report within 30 days after closing of the contested case hearing record. The board shall issue a final order within 30 days after receipt of that report.

Subd. 8.

Automatic suspension; restoration.

The right to practice is automatically suspended if (1) a guardian of a licensee is appointed by order of a court under sections 524.5-101 to 524.5-502, or (2) the licensee is committed by order of a court pursuant to chapter 253B. The right to practice remains suspended until the licensee is restored to capacity by a court and, upon petition by the licensee, the suspension is terminated by the board after a hearing or upon agreement between the board and the licensee. In its discretion, a board may restore and reissue permission to provide services, but as a condition of the permission may impose a disciplinary or corrective measure that it might originally have imposed.

Subd. 9.

Additional remedies.

The board may in its own name issue a cease and desist order to stop a person from engaging in an unauthorized practice or violating or threatening to violate a statute, rule, or order which the board has issued or is empowered to enforce. The cease and desist order must state the reason for its issuance and give notice of the person's right to request a hearing under sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order fails to request a hearing in writing, the order is the final order of the board and is not reviewable by a court or agency.

A hearing must be initiated by the board not later than 30 days from the date of the board's receipt of a written hearing request. Within 30 days of receipt of the administrative law judge's report, the board shall issue a final order modifying, vacating, or making permanent the cease and desist order as the facts require. The final order remains in effect until modified or vacated by the board.

When a request for a stay accompanies a timely hearing request, the board may, in its discretion, grant the stay. If the board does not grant a requested stay, it shall refer the request to the Office of Administrative Hearings within three working days of receipt of the request. Within ten days after receiving the request from the board, an administrative law judge shall issue a recommendation to grant or deny the stay. The board shall grant or deny the stay within five days of receiving the administrative law judge's recommendation.

In the event of noncompliance with a cease and desist order, the board may institute a proceeding in Ramsey County District Court to obtain injunctive relief or other appropriate relief, including a civil penalty payable to the board not exceeding $10,000 for each separate violation.

Subd. 10.

Injunctive relief.

In addition to any other remedy provided by law, including the issuance of a cease and desist order under subdivision 1, a board may in its own name bring an action in Ramsey County District Court for injunctive relief to restrain any unauthorized practice or violation or threatened violation of any statute, rule, or order which the board is empowered to regulate, enforce, or issue. A temporary restraining order must be granted in the proceeding if continued activity by a licensee would create a serious risk of harm to others. The board need not show irreparable harm.

Subd. 11.

Additional powers.

The issuance of a cease and desist order or injunctive relief granted under this section does not relieve a licensee from criminal prosecution by a competent authority or from disciplinary action by the board. Nothing in this section limits the board's authority to seek injunctive relief under section 214.11.

148B.1751 DUTY TO WARN.

(a) A licensee must comply with the duty to warn established in section 148.975.

(b) For purposes of this section, "licensee" includes students or interns practicing marriage and family therapy under qualified supervision as part of an accredited educational program or under a supervised postgraduate experience in marriage and family therapy required for licensure.

148B.30 BOARD OF MARRIAGE AND FAMILY THERAPY.

Subd. 2.

Transition provision.

Notwithstanding subdivision 1, members of the first board appointed need not be licensed under sections 148B.29 to 148B.39, but shall meet all qualifications, other than payments of fees, so as to be eligible for licensure under sections 148B.29 to 148B.39.