HF 2043

1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:38pm

1.1A bill for an act

1.2relating to health-related licensing boards; establishing licensure for professional
1.3clinical counselors; modifying the definitions of mental health professionals;
1.4amending Minnesota Statutes 2006, sections 148B.50, subdivision 5; 148B.53,
1.5subdivision 1; 245.462, subdivision 18; 245.470, subdivision 1; 245.4871,
1.6subdivision 27; 245.488, subdivision 1; 256B.0623, subdivision 5; 256B.0624,
1.7subdivisions 5, 8; 256B.0943, subdivision 1; 256J.08, subdivision 73a; proposing
1.8coding for new law in Minnesota Statutes, chapter 148B.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2006, section 148B.50, subdivision 5, is amended to read:
1.11    Subd. 5. Scope of practice. (a) The scope of practice of a licensed professional
1.12counselor includes, but is not limited to:
1.13(1) the implementation of professional counseling treatment interventions including
1.14evaluation, treatment planning, assessment, and referral;
1.15(2) direct counseling services to individuals, groups, and families;
1.16(3) counseling strategies that effectively respond to multicultural populations;
1.17(4) knowledge of relevant laws and ethics impacting practice;
1.18(5) crisis intervention;
1.19(6) consultation; and
1.20(7) program evaluation and applied research.
1.21(b) For the purposes of paragraph (a), clause (1), "professional counseling treatment
1.22interventions" means the application of cognitive, affective, behavioral, systemic, and
1.23community counseling strategies which include principles of human development,
1.24wellness, and pathology. Counselors provide mental health services for clients whose
1.25symptoms significantly interfere with daily functioning and would most likely not improve
1.26in a reasonable time period without intervention.
2.1(c) Licensed professional counseling does not include activities or services
2.2undertaken by persons listed in section 148B.592, or the performance of any act that
2.3licensed professional counselors are not educated and trained to perform.
2.4(d) In order to evaluate and treat mental illness, a licensed professional counselor
2.5must complete the postgraduate training specified in section 245.462, subdivision 18,
2.6clause (6), or 245.4871, subdivision 27, clause (6).

2.7    Sec. 2. Minnesota Statutes 2006, section 148B.53, subdivision 1, is amended to read:
2.8    Subdivision 1. General requirements. (a) To be licensed as a licensed professional
2.9counselor (LPC), an applicant must provide evidence satisfactory to the board that the
2.10applicant:
2.11(1) is at least 18 years of age;
2.12(2) is of good moral character;
2.13(3) has completed a master's or doctoral degree program in counseling or a related
2.14field, as determined by the board based on the criteria in paragraph (b), that includes a
2.15minimum of 48 semester hours or 72 quarter hours and a supervised field experience of
2.16not fewer than 700 hours that is counseling in nature;
2.17(4) has submitted to the board a plan for supervision during the first 2,000 hours
2.18of professional practice or has submitted proof of supervised professional practice that
2.19is acceptable to the board; and
2.20(5) has demonstrated competence in professional counseling by passing the National
2.21Counseling Exam (NCE) administered by the National Board for Certified Counselors,
2.22Inc. (NBCC) or an equivalent national examination as determined by the board, and
2.23ethical, oral, and situational examinations if prescribed by the board.
2.24(b) The degree described in paragraph (a), clause (3), must be from a counseling
2.25program recognized by the Council for Accreditation of Counseling and Related Education
2.26Programs (CACREP) or from an institution of higher education that is accredited by
2.27a regional accrediting organization recognized by the Council for Higher Education
2.28Accreditation (CHEA). Except as provided in paragraph (e), Specific academic course
2.29content and training must include course work in each of the following subject areas:
2.30(1) the helping relationship, including counseling theory and practice;
2.31(2) human growth and development;
2.32(3) lifestyle and career development;
2.33(4) group dynamics, processes, counseling, and consulting;
2.34(5) assessment and appraisal;
2.35(6) social and cultural foundations, including multicultural issues;
3.1(7) principles of etiology, treatment planning, and prevention of mental and
3.2emotional disorders and dysfunctional behavior;
3.3(8) family counseling and therapy;
3.4(9) research and evaluation; and
3.5(10) professional counseling orientation and ethics.
3.6(c) To be licensed as a professional counselor, a psychological practitioner licensed
3.7under section 148.908 need only show evidence of licensure under that section and is not
3.8required to comply with paragraph (a), clauses (1) to (3) and (5), or paragraph (b).
3.9(d) To be licensed as a professional counselor, a Minnesota licensed psychologist
3.10need only show evidence of licensure from the Minnesota Board of Psychology and is not
3.11required to comply with paragraph (a) or (b).
3.12(e) If the degree described in paragraph (a), clause (3), is from a counseling program
3.13recognized by the Council for Accreditation of Counseling and Related Education
3.14Programs (CACREP), the applicant is deemed to have met the specific course work
3.15requirements of paragraph (b).

3.16    Sec. 3. [148B.5301] REQUIREMENTS FOR LICENSURE AS A LICENSED
3.17PROFESSIONAL CLINICAL COUNSELOR.
3.18    Subdivision 1. General requirements. (a) To be licensed as a licensed professional
3.19clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board
3.20that the applicant:
3.21    (1) is at least 18 years of age;
3.22    (2) is of good moral character;
3.23    (3) has completed a master's or doctoral degree program in counseling or a
3.24related field, as determined by the board based on the criteria in items (i) to (x), that
3.25includes a minimum of 48 semester hours or 72 quarter hours and a supervised field
3.26experience in counseling that is not fewer than 700 hours. The degree must be from
3.27a counseling program recognized by the Council for Accreditation of Counseling and
3.28Related Education Programs (CACREP) or from an institution of higher education that is
3.29accredited by a regional accrediting organization recognized by the Council for Higher
3.30Education Accreditation (CHEA). Specific academic course content and training must
3.31include course work in each of the following subject areas:
3.32    (i) helping relationship, including counseling theory and practice;
3.33    (ii) human growth and development;
3.34    (iii) lifestyle and career development;
3.35    (iv) group dynamics, processes, counseling, and consulting;
4.1    (v) assessment and appraisal;
4.2    (vi) social and cultural foundations, including multicultural issues;
4.3    (vii) principles of etiology, treatment planning, and prevention of mental and
4.4emotional disorders and dysfunctional behavior;
4.5    (viii) family counseling and therapy;
4.6    (ix) research and evaluation; and
4.7    (x) professional counseling orientation and ethics;
4.8    (4) has demonstrated competence in professional counseling by passing the National
4.9Clinical Mental Health Counseling Examination (NCMHCE), administered by the
4.10National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
4.11examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have
4.12taken and passed the National Counselor Examination (NCE) administered by the NBCC,
4.13or another board-approved examination, need only take and pass the Examination of
4.14Clinical Counseling Practice (ECCP) administered by the NBCC;
4.15    (5) has earned graduate-level semester credits or quarter-credit equivalents in the
4.16following clinical content areas as follows:
4.17    (i) six credits in diagnostic assessment for child or adult mental disorders; normative
4.18development; and psychopathology, including developmental psychopathology;
4.19    (ii) three credits in clinical treatment planning, with measurable goals;
4.20    (iii) six credits in clinical intervention methods informed by research evidence and
4.21community standards of practice;
4.22    (iv) three credits in evaluation methodologies regarding the effectiveness of
4.23interventions;
4.24    (v) three credits in professional ethics applied to clinical practice; and
4.25    (vi) three credits in cultural diversity; and
4.26    (6) has demonstrated successful completion of 4,000 hours of supervised,
4.27postmaster's degree professional practice in the delivery of clinical services in the
4.28diagnosis and treatment of child and adult mental illnesses and disorders, conducted
4.29according to subdivision 2.
4.30    (b) If course work in paragraph (a) was not completed as part of the degree program
4.31required by paragraph (a), clause (3), the course work must be taken and passed for credit,
4.32and must be earned from a counseling program or institution that meets the requirements
4.33of paragraph (a), clause (3).
4.34    Subd. 2. Supervision. (a) To qualify as a LPCC, an applicant must have completed
4.354,000 hours of postmaster's degree supervised professional practice in the delivery of
4.36clinical services in the diagnosis and treatment of mental illnesses and disorders in
5.1both children and adults. The supervised practice shall be conducted according to the
5.2requirements in paragraphs (b) to (e).
5.3    (b) The supervision must have been received under a contract that defines clinical
5.4practice and supervision from a mental health professional as defined in section 245.462,
5.5subdivision 18, clauses (1) to (6), or section 245.4871, subdivision 27, clauses (1) to (6),
5.6or by a board-approved supervisor, who has at least two years of postlicensure experience
5.7in the delivery of clinical services in the diagnosis and treatment of mental illnesses and
5.8disorders.
5.9    (c) The supervision must be obtained at the rate of two hours of supervision per 40
5.10hours of professional practice. The supervision must be evenly distributed over the course
5.11of the supervised professional practice. At least 75 percent of the required supervision
5.12hours must be received in person. The remaining 25 percent of the required hours may be
5.13received by telephone or by audio or audiovisual electronic device. At least 50 percent of
5.14the required hours of supervision must be received on an individual basis. The remaining
5.1550 percent may be received in a group setting.
5.16    (d) The supervised practice must include at least 1,800 hours of clinical client
5.17contact.
5.18    (e) The supervised practice must be clinical practice. Supervision includes the
5.19observation by the supervisor of the successful application of professional counseling
5.20knowledge, skills, and values in the differential diagnosis and treatment of psychosocial
5.21function, disability, or impairment, including addictions and emotional, mental, and
5.22behavioral disorders.
5.23    Subd. 3. Conversion from licensed professional counselor to licensed clinical
5.24counselor. (a) Until August 1, 2011, an individual currently licensed in the state of
5.25Minnesota as a licensed professional counselor may convert to a LPCC by providing
5.26evidence satisfactory to the board that the applicant has met the following requirements:
5.27    (1) is at least 18 years of age;
5.28    (2) is of good moral character;
5.29    (3) has a license that is active and in good standing;
5.30    (4) has no complaints pending, uncompleted disciplinary orders, or corrective
5.31action agreements;
5.32    (5) has completed a master's or doctoral degree program in counseling or a related
5.33field, as determined by the board, and whose degree was from a counseling program
5.34recognized by CACREP or from an institution of higher education that is accredited by a
5.35regional accrediting organization recognized by CHEA;
6.1    (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
6.2clinical course work which includes content in the following clinical areas:
6.3    (i) diagnostic assessment for child and adult mental disorders; normative
6.4development; and psychopathology, including developmental psychopathology;
6.5    (ii) clinical treatment planning, with measurable goals;
6.6    (iii) clinical intervention methods informed by research evidence and community
6.7standards of practice;
6.8    (iv) evaluation methodologies regarding the effectiveness of interventions;
6.9    (v) professional ethics applied to clinical practice; and
6.10    (vi) cultural diversity;
6.11    (7) has demonstrated, to the satisfaction of the board, successful completion of
6.124,000 hours of supervised, postmaster's degree professional practice in the delivery
6.13of clinical services in the diagnosis and treatment of child and adult mental illnesses
6.14and disorders; and
6.15    (8) has paid the LPCC application and licensure fees required in section 148B.53,
6.16subdivision 3.
6.17    (b) If the course work in paragraph (a) was not completed as part of the degree
6.18program required by paragraph (a), clause (5), the course work must be taken and passed
6.19for credit, and must be earned from a counseling program or institution that meets the
6.20requirements in paragraph (a), clause (5).
6.21    (c) This subdivision expires August 1, 2011.
6.22    Subd. 4. Conversion to licensed professional clinical counselor after August 1,
6.232011. An individual licensed in the state of Minnesota as a licensed professional counselor
6.24may convert to a LPCC by providing evidence satisfactory to the board that the applicant
6.25has met the requirements of subdivisions 2 and 3, subject to the following:
6.26    (1) the individual's license must be active and in good standing;
6.27    (2) the individual must not have any complaints pending, uncompleted disciplinary
6.28orders, or corrective action agreements; and
6.29    (3) the individual has paid the LPCC application and licensure fees required in
6.30section 148B.53, subdivision 3.
6.31    Subd. 5. Scope of practice. The scope of practice of a LPCC shall include all
6.32those services provided by mental health professionals as defined in section 245.462,
6.33subdivision 18, and section 245.4871, subdivision 27.
6.34    Subd. 6. Jurisdiction. LPCC's are subject to the board's statutes and rules to the
6.35same extent as licensed professional counselors.

7.1    Sec. 4. Minnesota Statutes 2006, section 245.462, subdivision 18, is amended to read:
7.2    Subd. 18. Mental health professional. "Mental health professional" means a
7.3person providing clinical services in the treatment of mental illness who is qualified in at
7.4least one of the following ways:
7.5(1) in psychiatric nursing: a registered nurse who is licensed under sections 148.171
7.6to 148.285; and:
7.7(i) who is certified as a clinical specialist or as a nurse practitioner in adult or family
7.8psychiatric and mental health nursing by a national nurse certification organization; or
7.9(ii) who has a master's degree in nursing or one of the behavioral sciences or related
7.10fields from an accredited college or university or its equivalent, with at least 4,000 hours
7.11of post-master's supervised experience in the delivery of clinical services in the treatment
7.12of mental illness;
7.13(2) in clinical social work: a person licensed as an independent clinical social worker
7.14under chapter 148D, or a person with a master's degree in social work from an accredited
7.15college or university, with at least 4,000 hours of post-master's supervised experience in
7.16the delivery of clinical services in the treatment of mental illness;
7.17(3) in psychology: an individual licensed by the Board of Psychology under sections
7.18148.88 to 148.98 who has stated to the Board of Psychology competencies in the diagnosis
7.19and treatment of mental illness;
7.20(4) in psychiatry: a physician licensed under chapter 147 and certified by the
7.21American Board of Psychiatry and Neurology or eligible for board certification in
7.22psychiatry;
7.23(5) in marriage and family therapy: the mental health professional must be a
7.24marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least
7.25two years of post-master's supervised experience in the delivery of clinical services in
7.26the treatment of mental illness; or
7.27(6) in licensed professional clinical counseling, the mental health professional must
7.28be a licensed professional clinical counselor under section 148B.5301; or
7.29(7) in allied fields: a person with a master's degree from an accredited college or
7.30university in one of the behavioral sciences or related fields, with at least 4,000 hours of
7.31post-master's supervised experience in the delivery of clinical services in the treatment of
7.32mental illness.

7.33    Sec. 5. Minnesota Statutes 2006, section 245.470, subdivision 1, is amended to read:
7.34    Subdivision 1. Availability of outpatient services. (a) County boards must provide
7.35or contract for enough outpatient services within the county to meet the needs of adults
8.1with mental illness residing in the county. Services may be provided directly by the
8.2county through county-operated mental health centers or mental health clinics approved
8.3by the commissioner under section 245.69, subdivision 2; by contract with privately
8.4operated mental health centers or mental health clinics approved by the commissioner
8.5under section 245.69, subdivision 2; by contract with hospital mental health outpatient
8.6programs certified by the Joint Commission on Accreditation of Hospital Organizations;
8.7or by contract with a licensed mental health professional as defined in section 245.462,
8.8subdivision 18 , clauses (1) to (4) (6). Clients may be required to pay a fee according to
8.9section 245.481. Outpatient services include:
8.10(1) conducting diagnostic assessments;
8.11(2) conducting psychological testing;
8.12(3) developing or modifying individual treatment plans;
8.13(4) making referrals and recommending placements as appropriate;
8.14(5) treating an adult's mental health needs through therapy;
8.15(6) prescribing and managing medication and evaluating the effectiveness of
8.16prescribed medication; and
8.17(7) preventing placement in settings that are more intensive, costly, or restrictive
8.18than necessary and appropriate to meet client needs.
8.19(b) County boards may request a waiver allowing outpatient services to be provided
8.20in a nearby trade area if it is determined that the client can best be served outside the
8.21county.

8.22    Sec. 6. Minnesota Statutes 2006, section 245.4871, subdivision 27, is amended to read:
8.23    Subd. 27. Mental health professional. "Mental health professional" means a
8.24person providing clinical services in the diagnosis and treatment of children's emotional
8.25disorders. A mental health professional must have training and experience in working with
8.26children consistent with the age group to which the mental health professional is assigned.
8.27A mental health professional must be qualified in at least one of the following ways:
8.28(1) in psychiatric nursing, the mental health professional must be a registered nurse
8.29who is licensed under sections 148.171 to 148.285 and who is certified as a clinical
8.30specialist in child and adolescent psychiatric or mental health nursing by a national nurse
8.31certification organization or who has a master's degree in nursing or one of the behavioral
8.32sciences or related fields from an accredited college or university or its equivalent, with
8.33at least 4,000 hours of post-master's supervised experience in the delivery of clinical
8.34services in the treatment of mental illness;
9.1(2) in clinical social work, the mental health professional must be a person licensed
9.2as an independent clinical social worker under chapter 148D, or a person with a master's
9.3degree in social work from an accredited college or university, with at least 4,000 hours of
9.4post-master's supervised experience in the delivery of clinical services in the treatment
9.5of mental disorders;
9.6(3) in psychology, the mental health professional must be an individual licensed by
9.7the board of psychology under sections 148.88 to 148.98 who has stated to the board of
9.8psychology competencies in the diagnosis and treatment of mental disorders;
9.9(4) in psychiatry, the mental health professional must be a physician licensed under
9.10chapter 147 and certified by the American board of psychiatry and neurology or eligible
9.11for board certification in psychiatry;
9.12(5) in marriage and family therapy, the mental health professional must be a
9.13marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least
9.14two years of post-master's supervised experience in the delivery of clinical services in the
9.15treatment of mental disorders or emotional disturbances; or
9.16(6) in licensed professional clinical counseling, the mental health professional must
9.17be a licensed professional clinical counselor under section 148B.5301; or
9.18(7) in allied fields, the mental health professional must be a person with a master's
9.19degree from an accredited college or university in one of the behavioral sciences or related
9.20fields, with at least 4,000 hours of post-master's supervised experience in the delivery of
9.21clinical services in the treatment of emotional disturbances.

9.22    Sec. 7. Minnesota Statutes 2006, section 245.488, subdivision 1, is amended to read:
9.23    Subdivision 1. Availability of outpatient services. (a) County boards must provide
9.24or contract for enough outpatient services within the county to meet the needs of each
9.25child with emotional disturbance residing in the county and the child's family. Services
9.26may be provided directly by the county through county-operated mental health centers or
9.27mental health clinics approved by the commissioner under section 245.69, subdivision 2;
9.28by contract with privately operated mental health centers or mental health clinics approved
9.29by the commissioner under section 245.69, subdivision 2; by contract with hospital
9.30mental health outpatient programs certified by the Joint Commission on Accreditation
9.31of Hospital Organizations; or by contract with a licensed mental health professional as
9.32defined in section 245.4871, subdivision 27, clauses (1) to (4) (6). A child or a child's
9.33parent may be required to pay a fee based in accordance with section 245.481. Outpatient
9.34services include:
9.35(1) conducting diagnostic assessments;
10.1(2) conducting psychological testing;
10.2(3) developing or modifying individual treatment plans;
10.3(4) making referrals and recommending placements as appropriate;
10.4(5) treating the child's mental health needs through therapy; and
10.5(6) prescribing and managing medication and evaluating the effectiveness of
10.6prescribed medication.
10.7(b) County boards may request a waiver allowing outpatient services to be provided
10.8in a nearby trade area if it is determined that the child requires necessary and appropriate
10.9services that are only available outside the county.
10.10(c) Outpatient services offered by the county board to prevent placement must be at
10.11the level of treatment appropriate to the child's diagnostic assessment.

10.12    Sec. 8. Minnesota Statutes 2006, section 256B.0623, subdivision 5, is amended to read:
10.13    Subd. 5. Qualifications of provider staff. Adult rehabilitative mental health
10.14services must be provided by qualified individual provider staff of a certified provider
10.15entity. Individual provider staff must be qualified under one of the following criteria:
10.16(1) a mental health professional as defined in section 245.462, subdivision 18,
10.17clauses (1) to (5). If the recipient has a current diagnostic assessment by a licensed mental
10.18health professional as defined in section 245.462, subdivision 18, clauses (1) to (5) (6),
10.19recommending receipt of adult mental health rehabilitative services, the definition of
10.20mental health professional for purposes of this section includes a person who is qualified
10.21under section 245.462, subdivision 18, clause (6) (7), and who holds a current and valid
10.22national certification as a certified rehabilitation counselor or certified psychosocial
10.23rehabilitation practitioner;
10.24(2) a mental health practitioner as defined in section 245.462, subdivision 17. The
10.25mental health practitioner must work under the clinical supervision of a mental health
10.26professional; or
10.27(3) a mental health rehabilitation worker. A mental health rehabilitation worker
10.28means a staff person working under the direction of a mental health practitioner or mental
10.29health professional and under the clinical supervision of a mental health professional in
10.30the implementation of rehabilitative mental health services as identified in the recipient's
10.31individual treatment plan who:
10.32(i) is at least 21 years of age;
10.33(ii) has a high school diploma or equivalent;
10.34(iii) has successfully completed 30 hours of training during the past two years in all
10.35of the following areas: recipient rights, recipient-centered individual treatment planning,
11.1behavioral terminology, mental illness, co-occurring mental illness and substance abuse,
11.2psychotropic medications and side effects, functional assessment, local community
11.3resources, adult vulnerability, recipient confidentiality; and
11.4(iv) meets the qualifications in subitem (A) or (B):
11.5(A) has an associate of arts degree in one of the behavioral sciences or human
11.6services, or is a registered nurse without a bachelor's degree, or who within the previous
11.7ten years has:
11.8(1) three years of personal life experience with serious and persistent mental illness;
11.9(2) three years of life experience as a primary caregiver to an adult with a serious
11.10mental illness or traumatic brain injury; or
11.11(3) 4,000 hours of supervised paid work experience in the delivery of mental health
11.12services to adults with a serious mental illness or traumatic brain injury; or
11.13(B)(1) is fluent in the non-English language or competent in the culture of the
11.14ethnic group to which at least 20 percent of the mental health rehabilitation worker's
11.15clients belong;
11.16(2) receives during the first 2,000 hours of work, monthly documented individual
11.17clinical supervision by a mental health professional;
11.18(3) has 18 hours of documented field supervision by a mental health professional
11.19or practitioner during the first 160 hours of contact work with recipients, and at least six
11.20hours of field supervision quarterly during the following year;
11.21(4) has review and cosignature of charting of recipient contacts during field
11.22supervision by a mental health professional or practitioner; and
11.23(5) has 40 hours of additional continuing education on mental health topics during
11.24the first year of employment.

11.25    Sec. 9. Minnesota Statutes 2006, section 256B.0624, subdivision 5, is amended to read:
11.26    Subd. 5. Mobile crisis intervention staff qualifications. For provision of adult
11.27mental health mobile crisis intervention services, a mobile crisis intervention team is
11.28comprised of at least two mental health professionals as defined in section 245.462,
11.29subdivision 18 , clauses (1) to (5) (6), or a combination of at least one mental health
11.30professional and one mental health practitioner as defined in section 245.462, subdivision
11.3117 , with the required mental health crisis training and under the clinical supervision of
11.32a mental health professional on the team. The team must have at least two people with
11.33at least one member providing on-site crisis intervention services when needed. Team
11.34members must be experienced in mental health assessment, crisis intervention techniques,
11.35and clinical decision-making under emergency conditions and have knowledge of local
12.1services and resources. The team must recommend and coordinate the team's services
12.2with appropriate local resources such as the county social services agency, mental health
12.3services, and local law enforcement when necessary.

12.4    Sec. 10. Minnesota Statutes 2006, section 256B.0624, subdivision 8, is amended to
12.5read:
12.6    Subd. 8. Adult crisis stabilization staff qualifications. (a) Adult mental health
12.7crisis stabilization services must be provided by qualified individual staff of a qualified
12.8provider entity. Individual provider staff must have the following qualifications:
12.9(1) be a mental health professional as defined in section 245.462, subdivision 18,
12.10clauses (1) to (5) (6);
12.11(2) be a mental health practitioner as defined in section 245.462, subdivision 17.
12.12The mental health practitioner must work under the clinical supervision of a mental health
12.13professional; or
12.14(3) be a mental health rehabilitation worker who meets the criteria in section
12.15256B.0623, subdivision 5 , clause (3); works under the direction of a mental health
12.16practitioner as defined in section 245.462, subdivision 17, or under direction of a
12.17mental health professional; and works under the clinical supervision of a mental health
12.18professional.
12.19(b) Mental health practitioners and mental health rehabilitation workers must have
12.20completed at least 30 hours of training in crisis intervention and stabilization during
12.21the past two years.

12.22    Sec. 11. Minnesota Statutes 2006, section 256B.0943, subdivision 1, is amended to
12.23read:
12.24    Subdivision 1. Definitions. For purposes of this section, the following terms have
12.25the meanings given them.
12.26(a) "Children's therapeutic services and supports" means the flexible package of
12.27mental health services for children who require varying therapeutic and rehabilitative
12.28levels of intervention. The services are time-limited interventions that are delivered using
12.29various treatment modalities and combinations of services designed to reach treatment
12.30outcomes identified in the individual treatment plan.
12.31(b) "Clinical supervision" means the overall responsibility of the mental health
12.32professional for the control and direction of individualized treatment planning, service
12.33delivery, and treatment review for each client. A mental health professional who is an
12.34enrolled Minnesota health care program provider accepts full professional responsibility
13.1for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work,
13.2and oversees or directs the supervisee's work.
13.3(c) "County board" means the county board of commissioners or board established
13.4under sections 402.01 to 402.10 or 471.59.
13.5(d) "Crisis assistance" has the meaning given in section 245.4871, subdivision 9a.
13.6(e) "Culturally competent provider" means a provider who understands and can
13.7utilize to a client's benefit the client's culture when providing services to the client. A
13.8provider may be culturally competent because the provider is of the same cultural or
13.9ethnic group as the client or the provider has developed the knowledge and skills through
13.10training and experience to provide services to culturally diverse clients.
13.11(f) "Day treatment program" for children means a site-based structured program
13.12consisting of group psychotherapy for more than three individuals and other intensive
13.13therapeutic services provided by a multidisciplinary team, under the clinical supervision
13.14of a mental health professional.
13.15(g) "Diagnostic assessment" has the meaning given in section 245.4871, subdivision
13.1611 .
13.17(h) "Direct service time" means the time that a mental health professional, mental
13.18health practitioner, or mental health behavioral aide spends face-to-face with a client
13.19and the client's family. Direct service time includes time in which the provider obtains
13.20a client's history or provides service components of children's therapeutic services and
13.21supports. Direct service time does not include time doing work before and after providing
13.22direct services, including scheduling, maintaining clinical records, consulting with others
13.23about the client's mental health status, preparing reports, receiving clinical supervision
13.24directly related to the client's psychotherapy session, and revising the client's individual
13.25treatment plan.
13.26(i) "Direction of mental health behavioral aide" means the activities of a mental
13.27health professional or mental health practitioner in guiding the mental health behavioral
13.28aide in providing services to a client. The direction of a mental health behavioral aide
13.29must be based on the client's individualized treatment plan and meet the requirements in
13.30subdivision 6, paragraph (b), clause (5).
13.31(j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision
13.3215 . For persons at least age 18 but under age 21, mental illness has the meaning given in
13.33section 245.462, subdivision 20, paragraph (a).
13.34(k) "Individual behavioral plan" means a plan of intervention, treatment, and
13.35services for a child written by a mental health professional or mental health practitioner,
14.1under the clinical supervision of a mental health professional, to guide the work of the
14.2mental health behavioral aide.
14.3(l) "Individual treatment plan" has the meaning given in section 245.4871,
14.4subdivision 21 .
14.5(m) "Mental health professional" means an individual as defined in section 245.4871,
14.6subdivision 27 , clauses (1) to (5) (6), or tribal vendor as defined in section 256B.02,
14.7subdivision 7 , paragraph (b).
14.8(n) "Preschool program" means a day program licensed under Minnesota Rules,
14.9parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and
14.10supports provider to provide a structured treatment program to a child who is at least 33
14.11months old but who has not yet attended the first day of kindergarten.
14.12(o) "Skills training" means individual, family, or group training designed to improve
14.13the basic functioning of the child with emotional disturbance and the child's family in the
14.14activities of daily living and community living, and to improve the social functioning of the
14.15child and the child's family in areas important to the child's maintaining or reestablishing
14.16residency in the community. Individual, family, and group skills training must:
14.17(1) consist of activities designed to promote skill development of the child and the
14.18child's family in the use of age-appropriate daily living skills, interpersonal and family
14.19relationships, and leisure and recreational services;
14.20(2) consist of activities that will assist the family's understanding of normal child
14.21development and to use parenting skills that will help the child with emotional disturbance
14.22achieve the goals outlined in the child's individual treatment plan; and
14.23(3) promote family preservation and unification, promote the family's integration
14.24with the community, and reduce the use of unnecessary out-of-home placement or
14.25institutionalization of children with emotional disturbance.

14.26    Sec. 12. Minnesota Statutes 2006, section 256J.08, subdivision 73a, is amended to read:
14.27    Subd. 73a. Qualified professional. (a) For physical illness, injury, or incapacity,
14.28a "qualified professional" means a licensed physician, a physician's assistant, a nurse
14.29practitioner, or a licensed chiropractor.
14.30(b) For developmental disability and intelligence testing, a "qualified professional"
14.31means an individual qualified by training and experience to administer the tests necessary
14.32to make determinations, such as tests of intellectual functioning, assessments of adaptive
14.33behavior, adaptive skills, and developmental functioning. These professionals include
14.34licensed psychologists, certified school psychologists, or certified psychometrists working
14.35under the supervision of a licensed psychologist.
15.1(c) For learning disabilities, a "qualified professional" means a licensed psychologist
15.2or school psychologist with experience determining learning disabilities.
15.3(d) For mental health, a "qualified professional" means a licensed physician or a
15.4qualified mental health professional. A "qualified mental health professional" means:
15.5(1) for children, in psychiatric nursing, a registered nurse who is licensed under
15.6sections 148.171 to 148.285, and who is certified as a clinical specialist in child
15.7and adolescent psychiatric or mental health nursing by a national nurse certification
15.8organization or who has a master's degree in nursing or one of the behavioral sciences
15.9or related fields from an accredited college or university or its equivalent, with at least
15.104,000 hours of post-master's supervised experience in the delivery of clinical services in
15.11the treatment of mental illness;
15.12(2) for adults, in psychiatric nursing, a registered nurse who is licensed under
15.13sections 148.171 to 148.285, and who is certified as a clinical specialist in adult psychiatric
15.14and mental health nursing by a national nurse certification organization or who has a
15.15master's degree in nursing or one of the behavioral sciences or related fields from an
15.16accredited college or university or its equivalent, with at least 4,000 hours of post-master's
15.17supervised experience in the delivery of clinical services in the treatment of mental illness;
15.18(3) in clinical social work, a person licensed as an independent clinical social worker
15.19under chapter 148D, or a person with a master's degree in social work from an accredited
15.20college or university, with at least 4,000 hours of post-master's supervised experience in
15.21the delivery of clinical services in the treatment of mental illness;
15.22(4) in psychology, an individual licensed by the Board of Psychology under sections
15.23148.88 to 148.98, who has stated to the Board of Psychology competencies in the
15.24diagnosis and treatment of mental illness;
15.25(5) in psychiatry, a physician licensed under chapter 147 and certified by the
15.26American Board of Psychiatry and Neurology or eligible for board certification in
15.27psychiatry; and
15.28(6) in marriage and family therapy, the mental health professional must be a
15.29marriage and family therapist licensed under sections 148B.29 to 148B.39, with at least
15.30two years of post-master's supervised experience in the delivery of clinical services in the
15.31treatment of mental illness; and
15.32(7) in licensed professional clinical counseling, the mental health professional must
15.33be a licensed professional clinical counselor under section 148.5301.