HF 2105

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health-related licensing; establishing licensure requirements for
foreign trained professional counselors; adding professional counselors as a
professional service; amending Minnesota Statutes 2006, section 319B.02,
subdivision 19; proposing coding for new law in Minnesota Statutes, chapters
148; 148B.

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

Section 1.

new text begin [148.5301] REQUIREMENTS FOR LICENSURE AS A LICENSED
PROFESSIONAL CLINICAL COUNSELOR.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin (a) To be licensed as a licensed professional
clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board
that the applicant:
new text end

new text begin (1) is at least 18 years of age;
new text end

new text begin (2) is of good moral character;
new text end

new text begin (3) has completed a master's or doctoral degree program in counseling or a
related field, as determined by the board based on the criteria in items (i) to (x), that
includes a minimum of 48 semester hours or 72 quarter hours and a supervised field
experience in counseling that is not fewer than 700 hours. The degree must be from
a counseling program recognized by the Council for Accreditation of Counseling and
Related Education Programs (CACREP) or from an institution of higher education that is
accredited by a regional accrediting organization recognized by the Council for Higher
Education Accreditation (CHEA). Specific academic course content and training must
include course work in each of the following subject areas:
new text end

new text begin (i) helping relationship, including counseling theory and practice;
new text end

new text begin (ii) human growth and development;
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new text begin (iii) lifestyle and career development;
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new text begin (iv) group dynamics, processes, counseling, and consulting;
new text end

new text begin (v) assessment and appraisal;
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new text begin (vi) social and cultural foundations, including multicultural issues;
new text end

new text begin (vii) principles of etiology, treatment planning, and prevention of mental and
emotional disorders and dysfunctional behavior;
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new text begin (viii) family counseling and therapy;
new text end

new text begin (ix) research and evaluation; and
new text end

new text begin (x) professional counseling orientation and ethics;
new text end

new text begin (4) has demonstrated competence in professional counseling by passing the National
Clinical Mental Health Counseling Examination (NCMHCE), administered by the
National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have
taken and passed the National Counselor Examination (NCE) administered by the NBCC,
or another board-approved examination, need only take and pass the Examination of
Clinical Counseling Practice (ECCP) administered by the NBCC;
new text end

new text begin (5) has earned graduate-level semester credits or quarter-credit equivalents in the
following clinical content areas as follows:
new text end

new text begin (i) six credits in diagnostic assessment for child or adult mental disorders; normative
development; and psychopathology, including developmental psychopathology;
new text end

new text begin (ii) three credits in clinical treatment planning, with measurable goals;
new text end

new text begin (iii) six credits in clinical intervention methods informed by research evidence and
community standards of practice;
new text end

new text begin (iv) three credits in evaluation methodologies regarding the effectiveness of
interventions;
new text end

new text begin (v) three credits in professional ethics applied to clinical practice; and
new text end

new text begin (vi) three credits in cultural diversity; and
new text end

new text begin (6) has demonstrated successful completion of 4,000 hours of supervised,
postmaster's degree professional practice in the delivery of clinical services in the
diagnosis and treatment of child and adult mental illnesses and disorders, conducted
according to subdivision 2.
new text end

new text begin (b) If course work in paragraph (a) was not completed as part of the degree program
required by paragraph (a), clause (3), the course work must be taken and passed for credit,
and must be earned from a counseling program or institution that meets the requirements
of paragraph (a), clause (3).
new text end

new text begin Subd. 2. new text end

new text begin Supervision. new text end

new text begin (a) To qualify as a LPCC, an applicant must have completed
4,000 hours of post-master's degree supervised professional practice in the delivery
of clinical services in the diagnosis and treatment of mental illnesses and disorders in
both children and adults. The supervised practice shall be conducted according to the
requirements in paragraphs (b) to (e).
new text end

new text begin (b) The supervision must have been received under a contract that defines clinical
practice and supervision from a mental health professional as defined in section 245.462,
subdivision 18, clauses (1) to (6), or section 245.4871, subdivision 27, clauses (1) to (6),
or by a board-approved supervisor, who has at least two years of postlicensure experience
in the delivery of clinical services in the diagnosis and treatment of mental illnesses and
disorders.
new text end

new text begin (c) The supervision must be obtained at the rate of two hours of supervision per 40
hours of professional practice. The supervision must be evenly distributed over the course
of the supervised professional practice. At least 75 percent of the required supervision
hours must be received in person. The remaining 25 percent of the required hours may be
received by telephone or by audio or audiovisual electronic device. At least 50 percent of
the required hours of supervision must be received on an individual basis. The remaining
50 percent may be received in a group setting.
new text end

new text begin (d) The supervised practice must include at least 1,800 hours of clinical client
contact.
new text end

new text begin (e) The supervised practice must be clinical practice. Supervision includes the
observation by the supervisor of the successful application of professional counseling
knowledge, skills, and values in the differential diagnosis and treatment of psychosocial
function, disability, or impairment, including addictions and emotional, mental, and
behavioral disorders.
new text end

new text begin Subd. 3. new text end

new text begin Conversion from licensed professional counselor to licensed clinical
counselor. new text end

new text begin (a) Until August 1, 2011, an individual currently licensed in the state of
Minnesota as a licensed professional counselor may convert to a LPCC by providing
evidence satisfactory to the board that the applicant has met the following requirements:
new text end

new text begin (1) is at least 18 years of age;
new text end

new text begin (2) is of good moral character;
new text end

new text begin (3) has a license that is active and in good standing;
new text end

new text begin (4) has no complaints pending, uncompleted disciplinary orders, or corrective
action agreements;
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new text begin (5) has completed a master's or doctoral degree program in counseling or a related
field, as determined by the board, and whose degree was from a counseling program
recognized by CACREP or from an institution of higher education that is accredited by a
regional accrediting organization recognized by CHEA;
new text end

new text begin (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
clinical course work which includes content in the following clinical areas:
new text end

new text begin (i) diagnostic assessment for child and adult mental disorders; normative
development; and psychopathology, including developmental psychopathology;
new text end

new text begin (ii) clinical treatment planning, with measurable goals;
new text end

new text begin (iii) clinical intervention methods informed by research evidence and community
standards of practice;
new text end

new text begin (iv) evaluation methodologies regarding the effectiveness of interventions;
new text end

new text begin (v) professional ethics applied to clinical practice; and
new text end

new text begin (vi) cultural diversity;
new text end

new text begin (7) has demonstrated, to the satisfaction of the board, successful completion of
4,000 hours of supervised, post-master's degree professional practice in the delivery of
clinical services in the diagnosis and treatment of child and adult mental illnesses and
disorders; and
new text end

new text begin (8) has paid the LPCC application and licensure fees required in section 148.53,
subdivision 3.
new text end

new text begin (b) If the course work in paragraph (a) was not completed as part of the degree
program required by paragraph (a), clause (5), the course work must be taken and passed
for credit, and must be earned from a counseling program or institution that meets the
requirements in paragraph (a), clause (5).
new text end

new text begin (c) This subdivision expires August 1, 2011.
new text end

new text begin Subd. 4. new text end

new text begin Conversion to licensed professional clinical counselor after August 1,
2011. new text end

new text begin An individual licensed in the state of Minnesota as a licensed professional counselor
may convert to a LPCC by providing evidence satisfactory to the board that the applicant
has met the requirements of subdivisions 2 and 3, subject to the following:
new text end

new text begin (1) the individual's license must be active and in good standing;
new text end

new text begin (2) the individual must not have any complaints pending, uncompleted disciplinary
orders, or corrective action agreements; and
new text end

new text begin (3) the individual has paid the LPCC application and licensure fees required in
section 148B.53, subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Scope of practice. new text end

new text begin The scope of practice of a LPCC shall include all
those services provided by mental health professionals as defined in section 245.462,
subdivision 18, and section 245.4871, subdivision 27.
new text end

new text begin Subd. 6. new text end

new text begin Jurisdiction. new text end

new text begin LPCC's are subject to the board's statutes and rules to the
same extent as licensed professional counselors.
new text end

Sec. 2.

new text begin [148B.532] DEGREES FROM FOREIGN INSTITUTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope and documentation. new text end

new text begin In addition to meeting all other licensure
requirements, an applicant for licensure whose degree was received from a foreign degree
program that is not recognized by the Council for Accreditation of Counseling and Related
Education Programs (CACREP) or from a foreign institution of higher education that is
not accredited by a regional accrediting organization recognized by the Council for Higher
Education Accreditation (CHEA) must fulfill the requirements of this section, providing
certified English translations of board-required relevant documentation.
new text end

new text begin Subd. 2. new text end

new text begin Education evaluation. new text end

new text begin An applicant for licensure as a licensed
professional counselor must present evidence of completion of a degree equivalent to
that required in section 148B.53, subdivision 1, paragraph (a), clause (3), and paragraph
(b). An applicant for licensure as licensed professional clinical counselor must present
evidence of completion of a degree equivalent to that required in section 148B.5301,
subdivision 1, clause (3). This evidence will be evaluated by the board with the assistance
of a credentials evaluation service familiar with educational standards and professional
qualification. The evaluation must be sent directly to the board from the evaluating
agency. Agencies providing evaluation services must be accepted by the National Board
for Certified Counselors, Inc. The applicant shall be responsible for the expenses incurred
as a result of the evaluation.
new text end

Sec. 3.

Minnesota Statutes 2006, section 319B.02, subdivision 19, is amended to read:

Subd. 19.

Professional services.

"Professional services" means services of the type
required or permitted to be furnished by a professional under a license, registration, or
certificate issued by the state of Minnesota to practice medicine and surgery under sections
147.01 to 147.22, as a physician assistant pursuant to sections 147A.01 to 147A.27,
chiropractic under sections 148.01 to 148.105, registered nursing under sections 148.171
to 148.285, optometry under sections 148.52 to 148.62, psychology under sections 148.88
to 148.98, social work under chapter 148D, marriage and family therapy under sections
148B.29 to 148B.39, new text begin professional counseling under sections 148B.50 to 148B.593,
new text end dentistry and dental hygiene under sections 150A.01 to 150A.12, pharmacy under sections
151.01 to 151.40, podiatric medicine under sections 153.01 to 153.25, veterinary medicine
under sections 156.001 to 156.14, architecture, engineering, surveying, landscape
architecture, geoscience, and certified interior design under sections 326.02 to 326.15,
accountancy under chapter 326A, or law under sections 481.01 to 481.17, or under a
license or certificate issued by another state under similar laws. Professional services
includes services of the type required to be furnished by a professional pursuant to a
license or other authority to practice law under the laws of a foreign nation.