HF 2995

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/04/2010 11:24am

A bill for an act
relating to special education; expanding who is qualified to make a diagnosis of
attention deficit disorder or attention deficit hyperactivity disorder; amending
Minnesota Statutes 2009 Supplement, sections 125A.02, subdivision 1;
245.4871, subdivision 27.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 125A.02, subdivision 1,
is amended to read:

Subdivision 1.

Child with a disability.

"Child with a disability" means a child
identified under federal and state special education law as having a hearing impairment,
blindness, visual disability, speech or language impairment, physical disability, other
health impairment, mental disability, emotional/behavioral disorder, specific learning
disability, autism, traumatic brain injury, multiple disabilities, or deafblind disability
who needs special education and related services, as determined by the rules of the
commissioner, is a child with a disability. A licensed physician, an advanced practice
nurse, deleted text begin or deleted text end a licensed psychologist new text begin , or a mental health professional under section 245.4871,
subdivision 27, new text end is qualified to make a diagnosis and determination of attention deficit
disorder or attention deficit hyperactivity disorder for purposes of identifying a child
with a disability.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 245.4871, subdivision 27,
is amended to read:

Subd. 27.

Mental health professional.

"Mental health professional" means a
person providing clinical services in the diagnosis and treatment of children's emotional
disorders. A mental health professional must have training and experience in working with
children consistent with the age group to which the mental health professional is assigned.
A mental health professional must be qualified in at least one of the following ways:

(1) in psychiatric nursing, the mental health professional must be a registered nurse
who is licensed under sections 148.171 to 148.285 and who is certified as a clinical
specialist in child and adolescent psychiatric or mental health nursing by a national nurse
certification organization or who has a master's degree in nursing or one of the behavioral
sciences or related fields from an accredited college or university or its equivalent, with
at least 4,000 hours of post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness;

(2) in clinical social work, the mental health professional must be a person licensed
as an independent clinical social worker under chapter 148D, or a person with a master's
degree in social work from an accredited college or university, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical services in the treatment
of mental disorders;

(3) in psychology, the mental health professional must be an individual licensed by
the board of psychology under sections 148.88 to 148.98 who has stated to the board of
psychology competencies in the diagnosis and treatment of mental disorders;

(4) in psychiatry, the mental health professional must be a physician licensed under
chapter 147 and certified by the American board of psychiatry and neurology or eligible
for board certification in psychiatry;

(5) in marriage and family therapy, the mental health professional must be a
marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least
two years of post-master's supervised experience in the delivery of clinical services in the
treatment of mental disorders or emotional disturbances; new text begin or
new text end

(6) in licensed professional clinical counseling, the mental health professional shall
be a licensed professional clinical counselor under section 148B.5301 with at least 4,000
hours of post-master's supervised experience in the delivery of clinical services in the
treatment of mental disorders or emotional disturbances deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (7) in allied fields, the mental health professional must be a person with a master's
degree from an accredited college or university in one of the behavioral sciences or related
fields, with at least 4,000 hours of post-master's supervised experience in the delivery of
clinical services in the treatment of emotional disturbances.
deleted text end