HF 2191

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

A bill for an act
relating to health; transferring oversight authority
for the Office of Mental Health Practice; requiring a
report; appropriating money; amending Minnesota
Statutes 2004, sections 148B.60; 148B.61; Laws 2003,
chapter 118, section 29, as amended.

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

Section 1.

Minnesota Statutes 2004, section 148B.60, is
amended to read:

148B.60 DEFINITIONS.

Subdivision 1.

Terms.

As used in sections 148B.60 to
148B.71, the following terms have the meanings given them in
this section.

Subd. 2.

Office of mental health practice or office.

"Office of Mental Health Practice" or "office" means the Office
of Mental Health Practice deleted text begin established deleted text end new text begin authorized new text end in section
148B.61.

Subd. 3.

Unlicensed mental health practitioner or
practitioner.

"Unlicensed mental health practitioner" or
"practitioner" means a person who provides or purports to
provide, for remuneration, mental health services as defined in
subdivision 4. It does not include persons licensed by the
Board of Medical Practice under chapter 147 or registered by the
Board of Medical Practice under chapter 147A; the Board of
Nursing under sections 148.171 to 148.285; the Board of
Psychology under sections 148.88 to 148.98; the Board of Social
Work under sections 148B.18 to 148B.289; the Board of Marriage
and Family Therapy under sections 148B.29 to 148B.39; the Board
of Behavioral Health and Therapy under sections 148B.50 to
148B.593 new text begin and chapter 148C new text end ; or another licensing board if the
person is practicing within the scope of the license; members of
the clergy who are providing pastoral services in the context of
performing and fulfilling the salaried duties and obligations
required of a member of the clergy by a religious congregation;
American Indian medicine men and women; licensed attorneys;
probation officers; new text begin licensed new text end school counselors employed by a
school district while acting within the scope of employment as
school counselors; deleted text begin registered deleted text end new text begin licensed new text end occupational therapists;
or new text begin licensed new text end occupational therapy assistants. For the purposes
of complaint investigation or disciplinary action relating to an
individual practitioner, the term includes:

(1) persons employed by a program licensed by the
commissioner of human services who are acting as mental health
practitioners within the scope of their employment;

(2) persons employed by a program licensed by the
commissioner of human services who are providing chemical
dependency counseling services; persons who are providing
chemical dependency counseling services in private practice; and

(3) clergy who are providing mental health services that
are equivalent to those defined in subdivision 4.

Subd. 4.

Mental health services.

"Mental health
services" means psychotherapy new text begin , behavioral health care, spiritual
counseling, hypnosis when not for entertainment, new text end and the
professional assessment, treatment, or counseling of another
person for a cognitive, behavioral, emotional, social, or mental
condition, symptom, or dysfunction, including intrapersonal or
interpersonal dysfunctions. The term does not include pastoral
services provided by members of the clergy to members of a
religious congregation in the context of performing and
fulfilling the salaried duties and obligations required of a
member of the clergy by that religious congregation.

Subd. 5.

Mental health client or client.

"Mental health
client" or "client" means a person who receives or pays for the
services of a mental health practitioner.

new text begin Subd. 5a. new text end

new text begin Mental-health-related licensing
boards. new text end

new text begin "Mental-health-related licensing boards" means the
Boards of Medical Practice, Nursing, Psychology, Social Work,
Marriage and Family Therapy, and Behavioral Health and Therapy.
new text end

deleted text begin Subd. 7. deleted text end

deleted text begin Commissioner. deleted text end

deleted text begin "Commissioner" means the
commissioner of health or the commissioner's designee.
deleted text end

new text begin Subd. 7a. new text end

new text begin Committee. new text end

new text begin "Committee" means the Office of
Mental Health Practices Committee, consisting of one person
appointed by each of the following licensing boards: the Board
of Medical Practice; the Board of Nursing; the Board of
Psychology; the Board of Social Work; the Board of Marriage and
Family Therapy; and the Board of Behavioral Health and Therapy.
new text end

Subd. 8.

Disciplinary action.

"Disciplinary action"
means an adverse action taken by the commissioner against an
unlicensed mental health practitioner relating to the person's
right to provide mental health services.

Sec. 2.

Minnesota Statutes 2004, section 148B.61, is
amended to read:

148B.61 OFFICE OF MENTAL HEALTH PRACTICE.

Subdivision 1.

deleted text begin creation deleted text end new text begin authority new text end .

new text begin (a) new text end The Office of
Mental Health Practice is deleted text begin created in the Department of Health
deleted text end new text begin transferred to the mental-health-related licensing boards and
authorized new text end to investigate complaints and take and enforce
disciplinary actions against all unlicensed mental health
practitioners for violations of prohibited conduct, as defined
in section 148B.68.

new text begin (b) new text end The office shall new text begin publish a complaint telephone number,
provide an informational Web site, and new text end also serve as a new text begin referral
point and new text end clearinghouse on new text begin complaints against new text end mental health
deleted text begin services and both licensed and unlicensed mental health
professionals, through the dissemination of deleted text end new text begin practitioners. The
office shall disseminate new text end objective information to consumers deleted text begin and
deleted text end through the development and performance of public education
activities, including outreach, regarding the provision of
mental health services and both licensed and unlicensed mental
health professionals who provide these services.

deleted text begin Subd. 2. deleted text end

deleted text begin Rulemaking. deleted text end

deleted text begin The commissioner of health shall
adopt rules necessary to implement, administer, or enforce
provisions of sections 148B.60 to 148B.71 pursuant to chapter
14. The commissioner may not adopt rules that restrict or
prohibit persons from providing mental health services on the
basis of education, training, experience, or supervision.
deleted text end

new text begin Subd. 4. new text end

new text begin Management, report, and sunset of the
office. new text end

new text begin (a) The committee shall:
new text end

new text begin (1) designate one board to provide administrative
management of the program;
new text end

new text begin (2) set the program budget; and
new text end

new text begin (3) ensure that the program's direction is in accord with
its authority.
new text end

new text begin (b) If the participating boards change which board is
designated to provide administrative management of the program,
any appropriation remaining for the program shall transfer to
the newly designated board on the effective date of the change.
The participating boards must inform the appropriate legislative
committees and the commissioner of finance of any change in the
designated board and the amount of any appropriation transferred
under this provision.
new text end

new text begin (c) The designated board shall hire the office employees
and pay expenses of the program from funds appropriated for that
purpose.
new text end

new text begin (d) After July 1, 2008, the committee shall prepare and
submit a report to the legislature by January 15, 2009,
evaluating the activity of the office and making recommendations
concerning the regulation of unlicensed mental health
practitioners. In the absence of legislative action to continue
the office, the committee and the office expire on June 30, 2009.
new text end

Sec. 3.

Laws 2003, chapter 118, section 29, as amended by
Laws 2004, chapter 279, article 5, section 10, is amended to
read:

Sec. 29 new text begin REPEALER.
new text end

(a) Minnesota Statutes deleted text begin 2002 deleted text end , sections 148B.60; 148B.61;
148B.63; 148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69;
148B.70; and 148B.71, are repealed.

new text begin EFFECTIVE DATE. new text end

This paragraph is effective July 1,
deleted text begin 2005 deleted text end new text begin 2009 new text end .

(b) Minnesota Statutes 2002, section 148C.01, subdivision
6, is repealed.

new text begin EFFECTIVE DATE. new text end

This paragraph is effective July 1, 2005.

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the state government special
revenue fund to the mental-health-related licensing boards as
nonrecovery funds.
new text end

Sec. 5. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall insert "committee" or
"committee's" wherever "commissioner of health" or
"commissioner's" appears in Minnesota Statutes, sections 148B.60
to 148B.71.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective July 1, 2005.
new text end