HF 249

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:35am

A bill for an act
relating to health occupations; modifying emeritus status requirements for
licensed psychologists; creating an inactive licensure status for licensed
psychologists; authorizing licensed psychologists to provide a final determination
not to certify; adding a licensed psychologist to the Health Care Reform Review
Council; amending Minnesota Statutes 2008, sections 62M.09, subdivision 3a;
62U.09, subdivision 2; 148.89, subdivision 5; 148.9105, subdivisions 1, 3, 6, 7,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 148.

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

Section 1.

Minnesota Statutes 2008, section 62M.09, subdivision 3a, is amended to
read:

Subd. 3a.

Mental health and substance abuse reviews.

A peer of the treating
mental health or substance abuse provider or a physician must review requests for
outpatient services in which the utilization review organization has concluded that a
determination not to certify a mental health or substance abuse service for clinical
reasons is appropriate, provided that any final determination not to certify treatment is
made by a psychiatrist certified by the American Board of Psychiatry and Neurology
and appropriately licensed in this state new text begin or a doctoral-level psychologist licensed in
this state under chapter 148 new text end . Notwithstanding the notification requirements of section
62M.05, a utilization review organization that has made an initial decision to certify in
accordance with the requirements of section 62M.05 may elect to provide notification of a
determination to continue coverage through facsimile or mail. This subdivision does not
apply to determinations made in connection with policies issued by a health plan company
that is assessed less than three percent of the total amount assessed by the Minnesota
Comprehensive Health Association.

Sec. 2.

Minnesota Statutes 2008, section 62U.09, subdivision 2, is amended to read:

Subd. 2.

Members.

(a) The Health Care Reform Review Council shall consist of deleted text begin 14 deleted text end
new text begin 15 new text end members who are appointed as follows:

(1) two members appointed by the Minnesota Medical Association, at least one
of whom must represent rural physicians;

(2) one member appointed by the Minnesota Nurses Association;

(3) two members appointed by the Minnesota Hospital Association, at least one of
whom must be a rural hospital administrator;

(4) one member appointed by the Minnesota Academy of Physician Assistants;

(5) one member appointed by the Minnesota Business Partnership;

(6) one member appointed by the Minnesota Chamber of Commerce;

(7) one member appointed by the SEIU Minnesota State Council;

(8) one member appointed by the AFL-CIO;

(9) one member appointed by the Minnesota Council of Health Plans;

(10) one member appointed by the Smart Buy Alliance;

(11) one member appointed by the Minnesota Medical Group Management
Association; deleted text begin and
deleted text end

(12) one consumer member appointed by AARP Minnesota new text begin ; and
new text end

new text begin (13) one member appointed by the Minnesota Psychological Association new text end .

(b) If a member is no longer able or eligible to participate, a new member shall be
appointed by the entity that appointed the outgoing member.

Sec. 3.

Minnesota Statutes 2008, section 148.89, subdivision 5, is amended to read:

Subd. 5.

Practice of psychology.

"Practice of psychology" means the observation,
description, evaluation, interpretation, or modification of human behavior by the
application of psychological principles, methods, or procedures for any reason, including
to prevent, eliminate, or manage symptomatic, maladaptive, or undesired behavior and to
enhance interpersonal relationships, work, life and developmental adjustment, personal
and organizational effectiveness, behavioral health, and mental health. The practice of
psychology includes, but is not limited to, the following services, regardless of whether
the provider receives payment for the services:

(1) psychological research and teaching of psychology;

(2) assessment, including psychological testing and other means of evaluating
personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and
neuropsychological functioning;

(3) a psychological report, whether written or oral, including testimony of a provider
as an expert witness, concerning the characteristics of an individual or entity;

(4) psychotherapy, including but not limited to, categories such as behavioral,
cognitive, emotive, systems, psychophysiological, or insight-oriented therapies;
counseling; hypnosis; and diagnosis and treatment of:

(i) mental and emotional disorder or disability;

(ii) alcohol and substance dependence or abuse;

(iii) disorders of habit or conduct;

(iv) the psychological aspects of physical illness or condition, accident, injury, or
disability new text begin , including the psychological impact of medications new text end ;

(v) life adjustment issues, including work-related and bereavement issues; and

(vi) child, family, or relationship issues;

(5) psychoeducational services and treatment; and

(6) consultation and supervision.

Sec. 4.

Minnesota Statutes 2008, section 148.9105, subdivision 1, is amended to read:

Subdivision 1.

Application.

Retired providers who are licensed or were formerly
licensed to practice psychology in the state according to the Minnesota Psychology
Practice Act may apply to the board for psychologist emeritus registration or psychological
practitioner emeritus registration if they declare that they are retired from the practice
of psychology in Minnesota, have not been the subject of disciplinary action in any
jurisdiction, and have no unresolved complaints in any jurisdiction. deleted text begin Retired providers shall
complete the necessary forms provided by the board and pay a onetime, nonrefundable fee
of $150 at the time of application.
deleted text end

Sec. 5.

Minnesota Statutes 2008, section 148.9105, subdivision 3, is amended to read:

Subd. 3.

Change to active status.

Emeritus registrants who request a change to
active licensure status deleted text begin shall deleted text end new text begin must have applied for emeritus status within one year of
their license expiration date and must new text end meet the new text begin following new text end requirements deleted text begin for relicensure
following termination in the Minnesota Psychology Practice Act. Master's level emeritus
registrants who request licensure at the doctoral level shall comply with current licensure
requirements. deleted text end new text begin :
new text end

new text begin (1) complete an application form specified by the board;
new text end

new text begin (2) document compliance with the continuing education requirements specified in
subdivision 6; and
new text end

new text begin (3) pay a reactivation fee that is equal to the prorated share of the renewal fee
specified in Minnesota Rules, part 7200.6100.
new text end

Sec. 6.

Minnesota Statutes 2008, section 148.9105, subdivision 6, is amended to read:

Subd. 6.

Continuing education requirements.

deleted text begin The continuing education
requirements of the Minnesota Psychology Practice Act do not apply to emeritus
registrants deleted text end new text begin Emeritus registrants who request a change to active licensure status must
obtain the continuing education hours that would have been required if the license had
remained active new text end .

Sec. 7.

Minnesota Statutes 2008, section 148.9105, subdivision 7, is amended to read:

Subd. 7.

Renewal or special fees.

deleted text begin An emeritus registrant is not subject to license
renewal or special fees deleted text end new text begin Regardless of when the application for an emeritus status is
submitted, the application must be accompanied by a nonrefundable application fee of
$150. A licensee who is approved for an emeritus registration before the license expiration
date is not entitled to receive a refund for any portion of the license or renewal fee. If
an application for emeritus registration is received after the license expiration date, the
licensee must pay a renewal late fee as specified in Minnesota Rules, part 7200.6100, in
addition to the application fee new text end .

Sec. 8.

Minnesota Statutes 2008, section 148.9105, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Time limits for emeritus registration. new text end

new text begin An emeritus registrant may not
apply for reactivation after five years following the granting of an emeritus registration.
After five years following the granting of an emeritus registration, a registrant may apply
for new licensure.
new text end

Sec. 9.

new text begin [148.9106] INACTIVE STATUS.
new text end

new text begin Subdivision 1. new text end

new text begin Inactive status. new text end

new text begin A license may be placed in inactive status upon the
licensee submitting to the board a completed application form provided by the board for a
temporary leave from active practice. A licensee shall qualify for a temporary leave
from active practice if the licensee demonstrates to the satisfaction of the board that the
licensee is not engaged in the practice of psychology in any setting, that there are no
known impediments to licensure, and that there are no unresolved complaints on file with
the board in this state or in any other jurisdiction.
new text end

new text begin Subd. 2. new text end

new text begin Fee. new text end

new text begin Regardless of when the application for inactive status is submitted,
the completed application must be accompanied by a nonrefundable application fee of
$150. A licensee who is approved for inactive status before the license expiration date
is not entitled to receive a refund for any portion of the license or renewal fee. If an
application for inactive status is received after the license expiration date, the licensee
must pay a renewal late fee as specified in Minnesota Rules, part 7200.6100, in addition to
the inactive status application fee.
new text end

new text begin Subd. 3. new text end

new text begin Time limits for inactive status. new text end

new text begin A licensee may maintain a license in
inactive status for no more than five consecutive years. If the licensee does not apply
for reactivation within 60 days following the end of the consecutive five-year period,
the license automatically expires.
new text end

new text begin Subd. 4. new text end

new text begin Prohibition on practice. new text end

new text begin (a) Except as authorized in paragraph (b) and
subdivision 5, a licensee on inactive status must not practice, attempt to practice, offer to
practice, or advertise or hold out to the public as authorized to practice psychology.
new text end

new text begin (b) The board may grant a variance to the prohibition described in paragraph (a)
in order for a licensee on inactive status to provide emergency psychology services. A
variance is granted upon the board providing a variance in writing to the licensee. The
board may impose conditions or restrictions on the variance.
new text end

new text begin Subd. 5. new text end

new text begin Temporary permit. new text end

new text begin (a) A licensee on inactive status may apply to the
board for a temporary permit to practice for a limited period of time without reactivating
the license. To apply for a temporary permit, a licensee on inactive status must:
new text end

new text begin (1) complete an application form specified by the board; and
new text end

new text begin (2) document compliance with the continuing education requirements that would be
required if the license was reactivated at the time of the application.
new text end

new text begin (b) The board may grant a temporary permit to practice to a licensee on inactive
status upon completion of the requirements in paragraph (a). Each temporary permit shall
be for no longer than a seven-consecutive-day period.
new text end

new text begin (c) A licensee on inactive status may practice under a temporary permit for no more
than a total of 30 days per calendar year.
new text end

new text begin Subd. 6. new text end

new text begin Reactivation. new text end

new text begin To reactivate a license from an inactive status, a licensee
must:
new text end

new text begin (1) complete an application form specified by the board;
new text end

new text begin (2) document compliance with the continuing education requirements specified in
subdivision 7; and
new text end

new text begin (3) pay a reactivation fee that is equal to the prorated share of the renewal fee
specified in Minnesota Rule, part 7200.6100.
new text end

new text begin Subd. 7. new text end

new text begin Continuing education requirements. new text end

new text begin A licensee who is on inactive status
must obtain the continuing education hours that would have been required if the license
had remained active. At the time of reactivation, the licensee must document compliance
with the continuing education requirements.
new text end