Minnesota Legislature
HF 66
6th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to occupations and professions; establishing 1.3 the board of licensed professional counseling; 1.4 requiring professional counselors to be licensed; 1.5 requiring certain actions against occupational 1.6 therapists to be commenced within two years; providing 1.7 certain exceptions from X-ray operation examination 1.8 requirements; requiring rulemaking; providing 1.9 penalties; appropriating money; amending Minnesota 1.10 Statutes 1994, sections 148A.01, subdivision 5; 1.11 541.07; and 609.341, subdivision 17; Minnesota 1.12 Statutes 1995 Supplement, sections 116J.70, 1.13 subdivision 2a; 144.121, subdivision 5; 148B.60, 1.14 subdivision 3; 214.01, subdivision 2; and 214.04, 1.15 subdivision 3; proposing coding for new law in 1.16 Minnesota Statutes, chapter 148B. 1.17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.18 Section 1. Minnesota Statutes 1995 Supplement, section 1.19 116J.70, subdivision 2a, is amended to read: 1.20 Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or 1.21 "license" does not include the following: 1.22 (1) any occupational license or registration issued by a 1.23 licensing board listed in section 214.01 or any occupational 1.24 registration issued by the commissioner of health pursuant to 1.25 section 214.13; 1.26 (2) any license issued by a county, home rule charter city, 1.27 statutory city, township, or other political subdivision; 1.28 (3) any license required to practice the following 1.29 occupation regulated by the following sections: 1.30 (a) abstracters regulated pursuant to chapter 386; 1.31 (b) accountants regulated pursuant to chapter 326; 2.1 (c) adjusters regulated pursuant to chapter 72B; 2.2 (d) architects regulated pursuant to chapter 326; 2.3 (e) assessors regulated pursuant to chapter 270; 2.4 (f) athletic trainers regulated pursuant to chapter 148; 2.5 (g) attorneys regulated pursuant to chapter 481; 2.6 (h) auctioneers regulated pursuant to chapter 330; 2.7 (i) barbers regulated pursuant to chapter 154; 2.8 (j) beauticians regulated pursuant to chapter 155A; 2.9 (k) boiler operators regulated pursuant to chapter 183; 2.10 (l) chiropractors regulated pursuant to chapter 148; 2.11 (m) collection agencies regulated pursuant to chapter 332; 2.12 (n) cosmetologists regulated pursuant to chapter 155A; 2.13 (o) dentists, registered dental assistants, and dental 2.14 hygienists regulated pursuant to chapter 150A; 2.15 (p) detectives regulated pursuant to chapter 326; 2.16 (q) electricians regulated pursuant to chapter 326; 2.17 (r) embalmers regulated pursuant to chapter 149; 2.18 (s) engineers regulated pursuant to chapter 326; 2.19 (t) insurance brokers and salespersons regulated pursuant 2.20 to chapter 60A; 2.21 (u) certified interior designers regulated pursuant to 2.22 chapter 326; 2.23 (v) midwives regulated pursuant to chapter 148; 2.24 (w) morticians regulated pursuant to chapter 149; 2.25 (x) nursing home administrators regulated pursuant to 2.26 chapter 144A; 2.27 (y) optometrists regulated pursuant to chapter 148; 2.28 (z) osteopathic physicians regulated pursuant to chapter 2.29 147; 2.30 (aa) pharmacists regulated pursuant to chapter 151; 2.31 (bb) physical therapists regulated pursuant to chapter 148; 2.32 (cc) physician assistants regulated pursuant to chapter 2.33 147A; 2.34 (dd) physicians and surgeons regulated pursuant to chapter 2.35 147; 2.36 (ee) plumbers regulated pursuant to chapter 326; 3.1 (ff) podiatrists regulated pursuant to chapter 153; 3.2 (gg) practical nurses regulated pursuant to chapter 148; 3.3 (hh) professional fund raisers regulated pursuant to 3.4 chapter 309; 3.5 (ii) psychologists regulated pursuant to chapter 148; 3.6 (jj) real estate brokers, salespersons, and others 3.7 regulated pursuant to chapters 82 and 83; 3.8 (kk) registered nurses regulated pursuant to chapter 148; 3.9 (ll) securities brokers, dealers, agents, and investment 3.10 advisers regulated pursuant to chapter 80A; 3.11 (mm) steamfitters regulated pursuant to chapter 326; 3.12 (nn) teachers and supervisory and support personnel 3.13 regulated pursuant to chapter 125; 3.14 (oo) veterinarians regulated pursuant to chapter 156; 3.15 (pp) water conditioning contractors and installers 3.16 regulated pursuant to chapter 326; 3.17 (qq) water well contractors regulated pursuant to chapter 3.18 103I; 3.19 (rr) water and waste treatment operators regulated pursuant 3.20 to chapter 115; 3.21 (ss) motor carriers regulated pursuant to chapter 221; 3.22 (tt) professional corporations regulated pursuant to 3.23 chapter 319A; 3.24 (uu) real estate appraisers regulated pursuant to chapter 3.25 82B; 3.26 (vv) residential building contractors, residential 3.27 remodelers, residential roofers, manufactured home installers, 3.28 and specialty contractors regulated pursuant to chapter 326; 3.29 (ww) professional counselors regulated pursuant to chapter 3.30 148B; 3.31 (4) any driver's license required pursuant to chapter 171; 3.32 (5) any aircraft license required pursuant to chapter 360; 3.33 (6) any watercraft license required pursuant to chapter 3.34 86B; 3.35 (7) any license, permit, registration, certification, or 3.36 other approval pertaining to a regulatory or management program 4.1 related to the protection, conservation, or use of or 4.2 interference with the resources of land, air, or water, which is 4.3 required to be obtained from a state agency or instrumentality; 4.4 and 4.5 (8) any pollution control rule or standard established by 4.6 the pollution control agency or any health rule or standard 4.7 established by the commissioner of health or any licensing rule 4.8 or standard established by the commissioner of human services. 4.9 Sec. 2. Minnesota Statutes 1995 Supplement, section 4.10 144.121, subdivision 5, is amended to read: 4.11 Subd. 5. [EXAMINATION FOR INDIVIDUAL OPERATING X-RAY 4.12 EQUIPMENT.] After January 1, 1997, an individual other than an 4.13 individual who holds a current Minnesota license to practice 4.14 medicine, chiropractic, podiatric medicine, osteopathic medicine 4.15 or dentistry in a facility with X-ray equipment for use on 4.16 humans that is registered under subdivision 1 may not operate, 4.17 nor may the facility allow the individual to operate, X-ray 4.18 equipment unless the individual has passed an examination 4.19 approved by the commissioner of health, or an examination 4.20 determined to the satisfaction of the commissioner of health to 4.21 be an equivalent national, state, or regional examination, that 4.22 demonstrates the individual's knowledge of basic radiation 4.23 safety, proper use of X-ray equipment, darkroom and film 4.24 processing, and quality assurance procedures. The commissioner 4.25 shall establish by rule criteria for the approval of 4.26 examinations required for an individual operating an X-ray 4.27 machine in Minnesota. 4.28 Sec. 3. Minnesota Statutes 1994, section 148A.01, 4.29 subdivision 5, is amended to read: 4.30 Subd. 5. [PSYCHOTHERAPIST.] "Psychotherapist" means a 4.31 physician, psychologist, nurse, chemical dependency counselor, 4.32 social worker, member of the clergy, marriage and family 4.33 therapist, mental health service provider, professional 4.34 counselor, or other person, whether or not licensed by the 4.35 state, who performs or purports to perform psychotherapy. 4.36 BOARD OF LICENSED PROFESSIONAL COUNSELING 5.1 Sec. 4. [148B.50] [DEFINITIONS.] 5.2 Subdivision 1. [APPLICABILITY.] For the purposes of 5.3 sections 148B.50 to 148B.593, the following terms have the 5.4 meanings given. 5.5 Subd. 2. [APPROVED SUPERVISOR.] "Approved supervisor" 5.6 means a licensed professional counselor or other qualified 5.7 supervisor as determined by the board, who has four years of 5.8 counseling experience and documents to the board the completion 5.9 of a training in counseling supervision that included content 5.10 and experiences relevant to the supervision of counselors, and 5.11 provides the board a statement detailing the person's 5.12 supervision philosophy, orientation, and experience. 5.13 Subd. 3. [BOARD.] "Board" means the board of licensed 5.14 professional counseling established by section 148B.51. 5.15 Subd. 4. [PROFESSIONAL COUNSELING.] "Professional 5.16 counseling" means rendering or offering to render to 5.17 individuals, groups, organizations, or the general public 5.18 counseling services for compensation involving the application 5.19 of principles, methods, or procedures of the counseling 5.20 profession that include, but are not limited to: 5.21 (1) counseling, which means assisting an individual or 5.22 groups, through the counseling relationship, to develop 5.23 understanding of personal problems, to define goals, and to plan 5.24 action reflecting an individual's or group's interests, 5.25 abilities, and needs as they are related to educational 5.26 progress, occupations, and careers; 5.27 (2) professional assessment, which means selecting, 5.28 administering, scoring, and interpreting instruments designed to 5.29 assess an individual's attitudes, achievements, and interests 5.30 and the use of methods and techniques for understanding human 5.31 behavior in relation to coping with, adapting to, or changing 5.32 life situations; 5.33 (3) counseling, guidance, and personnel consulting, which 5.34 means interpreting or reporting on scientific fact or theory in 5.35 counseling, guidance, and personnel services to provide 5.36 assistance in solving some current or potential problems of 6.1 individuals, groups, or organizations; 6.2 (4) referral activities, which means the evaluating of data 6.3 to identify problems and to determine advisability of referral 6.4 to other specialists; and 6.5 (5) research activities, which means the designing, 6.6 conducting, and interpreting of research involving counseling 6.7 human subjects. 6.8 Professional counseling does not include activities or 6.9 services undertaken by persons listed in section 148B.592, or 6.10 the performance of any act which licensed professional 6.11 counselors are not educated and trained to perform. 6.12 Sec. 5. [148B.51] [BOARD OF LICENSED PROFESSIONAL 6.13 COUNSELING.] 6.14 The board of licensed professional counseling consists of 6.15 11 members appointed by the governor, including eight 6.16 professional counselors licensed or eligible for licensure under 6.17 sections 148B.50 to 148B.593 and three public members as defined 6.18 in section 214.02. The professional counselor members of the 6.19 board must include at least one person representing each of the 6.20 following specialties: school counseling, career development 6.21 counseling, college counseling, counselor education, employment 6.22 counseling, and rehabilitation counseling. The board shall 6.23 annually elect from its membership a chair, vice-chair, and 6.24 secretary-treasurer. The board shall appoint and employ an 6.25 executive secretary who is not a member of the board. Chapter 6.26 214 applies to the board of licensed professional counseling 6.27 unless superseded by sections 148B.50 to 148B.593. 6.28 Sec. 6. [148B.52] [DUTIES OF THE BOARD.] 6.29 The board of licensed professional counseling shall: 6.30 (1) establish by rule appropriate techniques, including 6.31 examinations and other methods, for determining whether 6.32 applicants and licensees are qualified under sections 148B.50 to 6.33 148B.593; 6.34 (2) establish by rule standards for professional conduct, 6.35 including adoption of a code of professional ethics and 6.36 requirements for continuing education and supervision; 7.1 (3) issue licenses to individuals qualified under sections 7.2 148B.50 to 148B.593; 7.3 (4) establish by rule standards for initial education 7.4 including coursework for licensure and content of professional 7.5 education; 7.6 (5) establish by rule procedures, including a standard 7.7 disciplinary process, to ensure that individuals licensed as 7.8 professional counselors will comply with the board's rules; 7.9 (6) establish, maintain, and publish annually a register of 7.10 current licensees and approved supervisors; 7.11 (7) establish initial and renewal application and 7.12 examination fees sufficient to cover operating expenses of the 7.13 board and its agents; 7.14 (8) educate the public about the existence and content of 7.15 the rules for professional counselors to enable consumers to 7.16 file complaints against licensees who may have violated the 7.17 rules; 7.18 (9) evaluate its rules in order to refine the standards for 7.19 licensing professional counselors and to improve the methods 7.20 used to enforce the board's standards; 7.21 (10) establish rules and regulations pertaining to 7.22 treatment for impaired practitioners; and 7.23 (11) be sensitive to and not discriminate based on the 7.24 religious or moral values of the licensee or applicant in 7.25 conducting all board actions relating to licensees or applicants. 7.26 Sec. 7. [148B.53] [REQUIREMENTS FOR LICENSURE.] 7.27 Subdivision 1. [GENERAL REQUIREMENTS.] To be licensed as a 7.28 licensed professional counselor (LPC), an applicant must provide 7.29 evidence satisfactory to the board that the applicant: 7.30 (1) is at least 18 years old; 7.31 (2) has successfully completed, at a regionally accredited 7.32 institution of higher education, a master's degree program, 7.33 including a supervised practicum, that is professional 7.34 counseling in nature, that meets the specific academic course 7.35 content and training standards established by the board, and 7.36 includes a minimum of 48 semester hours; 8.1 (3) has completed 24 months or 4,000 hours of postgraduate 8.2 supervised experience working in a counseling setting that meets 8.3 the requirements established by the board; 8.4 (4) has demonstrated competence in professional counseling 8.5 by passing an examination prescribed by the board that is 8.6 written, oral, or situational, or a combination of all three; 8.7 (5) will conduct all professional activities as a licensed 8.8 professional counselor in accordance with standards for 8.9 professional conduct established by the rules of the board; and 8.10 (6) has declared to the board and agrees to continue to 8.11 declare areas of professional competencies through a statement 8.12 of professional intent, describing the intended use of the 8.13 license and the population to be served. 8.14 In admitting a student into a master's degree program for 8.15 completion of the educational requirements of this subdivision, 8.16 and in evaluating the performance of the student, the 8.17 institution of higher education shall be sensitive to and not 8.18 discriminate based on the religious or moral values of the 8.19 student. 8.20 Subd. 1a. [MINIMUM HOUR EFFECTIVE DATE.] The minimum 8.21 semester hour requirement imposed by subdivision 1, clause (2), 8.22 is not effective until July 1, 1999. This subdivision expires 8.23 July 1, 1999. 8.24 Subd. 2. [ASSOCIATE COUNSELOR.] To be licensed as a 8.25 licensed associate counselor (LAC), an applicant must: (1) meet 8.26 all of the requirements in subdivision 1, clauses (1) and (2) 8.27 and (4) to (6); (2) declare to the board in the license 8.28 application special competence, including at least a master's 8.29 degree in counseling or an appropriately related field as 8.30 determined by the board; and (3) demonstrate professional 8.31 competence in at least one specialty area by an examination 8.32 prescribed by the board, that is written, oral, or situational, 8.33 or a combination of all three. 8.34 Upon examination of credentials, the board may, by a 8.35 majority of the board members present and voting, consider the 8.36 credentials adequate evidence of professional competence and 9.1 approve a license as a licensed associate counselor. A licensed 9.2 associate counselor may practice only under the direct 9.3 supervision of an approved supervisor or under a plan for 9.4 supervision approved by the board prior to actual performance of 9.5 counseling by the licensed associate counselor. 9.6 Subd. 3. [FEE.] Each applicant shall pay a nonrefundable 9.7 fee set by the board. 9.8 Sec. 8. [148B.54] [LICENSE RENEWAL REQUIREMENTS.] 9.9 Subdivision 1. [RENEWAL.] Licensees shall renew licenses 9.10 at the time and in the manner established by the rules of the 9.11 board. 9.12 Subd. 2. [CONTINUING EDUCATION.] At the time of renewal, 9.13 each licensee shall provide evidence satisfactory to the board 9.14 that the licensee has completed during each two-year period at 9.15 least the equivalent of 20 clock hours of professional 9.16 postdegree continuing education in programs approved by the 9.17 board and continues to be qualified to practice under sections 9.18 148B.50 to 148B.593. 9.19 Sec. 9. [148B.55] [LICENSES; TRANSITION PERIOD.] 9.20 For three years beginning July 1, 1996, the board shall 9.21 issue a license without examination to an applicant if the board 9.22 determines that the applicant satisfies the requirements in 9.23 section 148B.53, subdivision 1. An applicant licensed under 9.24 this section must also agree to conduct all professional 9.25 activities as a professional counselor in accordance with 9.26 standards for professional conduct established by the board by 9.27 rule. This section expires July 1, 1999. 9.28 Sec. 10. [148B.56] [RECIPROCITY.] 9.29 The board may issue an appropriate license to an individual 9.30 who holds a current license or other credential from another 9.31 jurisdiction if the board finds that the requirements for that 9.32 credential are substantially similar to the requirements in 9.33 sections 148B.50 to 148B.593. 9.34 Sec. 11. [148B.57] [SPECIALTY DESIGNATIONS.] 9.35 A specialty designation may be added to the license of a 9.36 professional counselor if the applicant demonstrates to the 10.1 board that the applicant has met the minimum standards 10.2 established by a nationally recognized certification agency or, 10.3 where there is no nationally recognized certification agency, 10.4 that the applicant has satisfied specific criteria established 10.5 by the board in rule. A professional counselor may not claim or 10.6 advertise a counseling specialty unless the specialty 10.7 designation has been approved by the board. 10.8 Sec. 12. [148B.58] [NONTRANSFERABILITY OF LICENSES.] 10.9 A professional counseling license is not transferable. 10.10 Sec. 13. [148B.59] [GROUNDS FOR DISCIPLINARY ACTION; FORMS 10.11 OF DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 10.12 (a) The board may impose disciplinary action as described 10.13 in paragraph (b) against an applicant or licensee whom the 10.14 board, by a preponderance of the evidence, determines: 10.15 (1) has violated a statute, rule, or order that the board 10.16 issued or is empowered to enforce; 10.17 (2) has engaged in fraudulent, deceptive, or dishonest 10.18 conduct, whether or not the conduct relates to the practice of 10.19 professional counseling, that adversely affects the person's 10.20 ability or fitness to practice professional counseling; 10.21 (3) has engaged in unprofessional conduct or any other 10.22 conduct which has the potential for causing harm to the public, 10.23 including any departure from or failure to conform to the 10.24 minimum standards of acceptable and prevailing practice without 10.25 actual injury having to be established; 10.26 (4) has been convicted of or has pled guilty or nolo 10.27 contendere to a felony or other crime, an element of which is 10.28 dishonesty or fraud, or has been shown to have engaged in acts 10.29 or practices tending to show that the applicant or licensee is 10.30 incompetent or has engaged in conduct reflecting adversely on 10.31 the applicant's or licensee's ability or fitness to engage in 10.32 the practice of professional counseling; 10.33 (5) has employed fraud or deception in obtaining or 10.34 renewing a license, or in passing an examination; 10.35 (6) has had a professional counseling license, certificate, 10.36 registration, privilege to take an examination, or other similar 11.1 authority denied, revoked, suspended, canceled, limited, or not 11.2 renewed for cause in any jurisdiction; 11.3 (7) has failed to meet any requirement for the issuance or 11.4 renewal of the person's license. The burden of proof is on the 11.5 applicant or licensee to demonstrate the qualifications or 11.6 satisfy the requirements for a license under the professional 11.7 counseling act; 11.8 (8) has failed to cooperate with an investigation of the 11.9 board; 11.10 (9) has demonstrated an inability to practice professional 11.11 counseling with reasonable skill and safety to clients due to 11.12 any mental or physical illness or condition; or 11.13 (10) has engaged in fee splitting. This clause does not 11.14 apply to the distribution of revenues from a partnership, group 11.15 practice, nonprofit corporation, or professional corporation to 11.16 its partners, shareholders, members, or employees if the 11.17 revenues consist only of fees for services performed by the 11.18 licensee or under a licensee's administrative authority. Fee 11.19 splitting includes, but is not limited to: 11.20 (i) dividing fees with another person or a professional 11.21 corporation, unless the division is in proportion to the 11.22 services provided and the responsibility assumed by each 11.23 professional; and 11.24 (ii) referring a client to any health care provider as 11.25 defined in section 144.335 in which the referring licensee has a 11.26 significant financial interest unless the licensee has disclosed 11.27 in advance to the client the licensee's own financial interest. 11.28 (b) If grounds for disciplinary action exist under 11.29 paragraph (a), the board may take one or more of the following 11.30 actions: 11.31 (1) refuse to grant or renew a license; 11.32 (2) revoke a license; 11.33 (3) suspend a license; 11.34 (4) impose limitations or conditions on a licensee's 11.35 practice of professional counseling, including, but not limited 11.36 to, limiting the scope of practice to designated competencies, 12.1 imposing retraining or rehabilitation requirements, requiring 12.2 the licensee to practice under supervision, or conditioning 12.3 continued practice on the demonstration of knowledge or skill by 12.4 appropriate examination or other review of skill and competence; 12.5 (5) censure or reprimand the licensee; 12.6 (6) refuse to permit an applicant to take the licensure 12.7 examination or refuse to release an applicant's examination 12.8 grade if the board finds that it is in the public interest; or 12.9 (7) impose a disciplinary fee not exceeding $10,000 for 12.10 each separate violation. The amount of the disciplinary fee 12.11 shall be fixed so as (1) to deprive the applicant or licensee of 12.12 any economic advantage gained by reason of the violation 12.13 charged, and (2) to reimburse the board for the cost of the 12.14 investigation and proceeding, including, but not limited to, the 12.15 costs of legal and investigative services provided by the office 12.16 of the attorney general and the costs of legal services provided 12.17 by the office of administrative hearings. 12.18 (c) In lieu of or in addition to paragraph (b), the board 12.19 may require, as a condition of continued licensure, termination 12.20 of suspension, reinstatement of license, examination, or release 12.21 of examination grades, that the applicant or licensee: 12.22 (1) submit to a quality review, as specified by the board, 12.23 of the applicant's or licensee's ability, skills, or quality of 12.24 work; and 12.25 (2) complete to the satisfaction of the board educational 12.26 courses specified by the board. 12.27 (d) Service of the order is effective if the order is 12.28 served on the applicant, licensee, or counsel of record 12.29 personally or by mail to the most recent address provided to the 12.30 board for the licensee, applicant, or counsel of record. The 12.31 order shall state the reasons for the entry of the order. 12.32 Sec. 14. [148B.591] [PROHIBITION AGAINST UNLICENSED 12.33 PRACTICE OR USE OF TITLES; PENALTY.] 12.34 Subdivision 1. [PRACTICE.] After the board adopts rules, 12.35 no individual may engage in the practice of professional 12.36 counseling unless that individual holds a valid license or is 13.1 exempt from licensure under section 148B.592. 13.2 Subd. 2. [USE OF TITLES.] After the board adopts rules, no 13.3 individual may be presented to the public by any title 13.4 incorporating the words "professional counselor," "licensed 13.5 professional counselor," or "licensed associate counselor" 13.6 unless that individual holds a valid license issued under 13.7 sections 148B.50 to 148B.593. 13.8 Subd. 3. [PENALTY.] A person who violates this section is 13.9 guilty of a misdemeanor. 13.10 Sec. 15. [148B.592] [EXCEPTIONS TO LICENSE REQUIREMENT.] 13.11 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections 13.12 148B.50 to 148B.593 prevents members of other professions or 13.13 occupations from performing functions for which they are 13.14 qualified or licensed. This exception includes, but is not 13.15 limited to, licensed physicians, registered nurses, licensed 13.16 practical nurses, licensed psychologists, probation officers, 13.17 attorneys, social workers, marriage and family therapists, 13.18 qualified rehabilitation consultants, natural family planning 13.19 practitioners certified by the American Academy of Natural 13.20 Family Planning, and registered occupational therapists or 13.21 certified occupational therapist assistants. These persons must 13.22 not, however, use a title incorporating the words "professional 13.23 counselor," "licensed professional counselor," or "licensed 13.24 associate counselor" or otherwise hold themselves out to the 13.25 public by any title or description stating or implying that they 13.26 are licensed to engage in the practice of professional 13.27 counseling unless they are licensed under sections 148B.50 to 13.28 148B.593. 13.29 Subd. 2. [STUDENTS.] Nothing in sections 148B.50 to 13.30 148B.593 prevents a student, intern, or trainee enrolled in an 13.31 accredited program of counseling from engaging in professional 13.32 counseling as part of the supervised course of study if the 13.33 person is identified as a "counselor intern." 13.34 Subd. 3. [GOVERNMENT AGENCIES; EDUCATIONAL INSTITUTIONS.] 13.35 Nothing in sections 148B.50 to 148B.593 limits the activities 13.36 and services of or use of an official title by a person employed 14.1 as a counselor by a federal, state, county, or municipal agency, 14.2 or public or private educational institution if the person is 14.3 performing the activities within the scope of the person's 14.4 employment. 14.5 Subd. 4. [UNLICENSED MENTAL HEALTH SERVICE PRACTITIONERS.] 14.6 Persons who are engaged in the practice of counseling as 14.7 unlicensed mental health practitioners as defined in section 14.8 148B.60 are exempt from licensure as a professional counselor 14.9 under sections 148B.50 to 148B.593 if they do not use a title 14.10 incorporating the words "professional counselor," "licensed 14.11 professional counselor," or "licensed associate counselor" or 14.12 otherwise hold themselves out to the public by any title or 14.13 description stating or implying that they are licensed to engage 14.14 in the private practice of professional counseling unless they 14.15 are licensed under sections 148B.50 to 148B.593. 14.16 Subd. 5. [NONRESIDENTS.] A nonresident may engage in the 14.17 practice of professional counseling within the state without a 14.18 license for up to 30 days during any calendar year if the 14.19 nonresident is authorized to provide the services under the law 14.20 of the state or country of residence and the nonresident has 14.21 provided proof of credentials to the board, been found qualified 14.22 to render services in the state, and been granted permission by 14.23 the board to practice. 14.24 Subd. 6. [CLERGY.] Nothing in sections 148B.50 to 148B.593 14.25 limits the activities and services of a rabbi, priest, minister, 14.26 or clergyperson of any religious denomination or sect provided 14.27 such activities and services are within the scope of the 14.28 performance of regular or specialized ministerial duties. 14.29 Subd. 7. [NONPROFIT ORGANIZATIONS AND CHARITIES.] Nothing 14.30 in sections 148B.50 to 148B.593 limits the activities, services, 14.31 and descriptions of persons offering volunteer or professional 14.32 services for public or private nonprofit organizations or 14.33 charities. 14.34 Subd. 8. [EMPLOYMENT COUNSELORS.] Nothing in sections 14.35 148B.50 to 148B.593 limits the activities, services, and 14.36 descriptions of persons providing employment or vocational 15.1 counseling services. 15.2 Sec. 16. [148B.593] [DISCLOSURE OF INFORMATION.] 15.3 (a) A person licensed under sections 148B.50 to 148B.593 15.4 may not disclose without consent of the client any communication 15.5 made by the client to the licensee in the course of the practice 15.6 of professional counseling, nor may any employee of the licensee 15.7 reveal the information without the consent of the employer or 15.8 client except as provided under section 626.556 or 626.557. 15.9 (b) For purposes of sections 148B.50 to 148B.593, the 15.10 confidential relations and communications between the licensee 15.11 and a client are placed upon the same basis as those that exist 15.12 between a licensed psychologist and client. Nothing in sections 15.13 148B.50 to 148B.593 may be construed to require any 15.14 communications to be disclosed except by court order. 15.15 Sec. 17. Minnesota Statutes 1995 Supplement, section 15.16 148B.60, subdivision 3, is amended to read: 15.17 Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR 15.18 PRACTITIONER.] "Unlicensed mental health practitioner" or 15.19 "practitioner" means a person who provides or purports to 15.20 provide, for remuneration, mental health services as defined in 15.21 subdivision 4. It does not include persons licensed by the 15.22 board of medical practice under chapter 147 or registered by the 15.23 board of medical practice under chapter 147A; the board of 15.24 nursing under sections 148.171 to 148.285; the board of 15.25 psychology under sections 148.88 to 148.98; the board of social 15.26 work under sections 148B.18 to 148B.28; the board of marriage 15.27 and family therapy under sections 148B.29 to 148B.39; the board 15.28 of licensed professional counseling under sections 148B.50 to 15.29 148B.593; or another licensing board if the person is practicing 15.30 within the scope of the license; or members of the clergy who 15.31 are providing pastoral services in the context of performing and 15.32 fulfilling the salaried duties and obligations required of a 15.33 member of the clergy by a religious congregation. For the 15.34 purposes of complaint investigation or disciplinary action 15.35 relating to an individual practitioner, the term includes: 15.36 (1) persons employed by a program licensed by the 16.1 commissioner of human services who are acting as mental health 16.2 practitioners within the scope of their employment; 16.3 (2) persons employed by a program licensed by the 16.4 commissioner of human services who are providing chemical 16.5 dependency counseling services; persons who are providing 16.6 chemical dependency counseling services in private practice; and 16.7 (3) clergy who are providing mental health services that 16.8 are equivalent to those defined in subdivision 4. 16.9 Sec. 18. Minnesota Statutes 1995 Supplement, section 16.10 214.01, subdivision 2, is amended to read: 16.11 Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related 16.12 licensing board" means the board of examiners of nursing home 16.13 administrators established pursuant to section 144A.19, the 16.14 board of medical practice created pursuant to section 147.01, 16.15 the board of nursing created pursuant to section 148.181, the 16.16 board of chiropractic examiners established pursuant to section 16.17 148.02, the board of optometry established pursuant to section 16.18 148.52, the board of psychology established pursuant to section 16.19 148.90, the social work licensing board pursuant to section 16.20 148B.19, the board of marriage and family therapy pursuant to 16.21 section 148B.30, the office of mental health practice 16.22 established pursuant to section 148B.61, the board of licensed 16.23 professional counseling established by section 148B.51; the 16.24 chemical dependency counseling licensing advisory council 16.25 established pursuant to section 148C.02, the board of dietetics 16.26 and nutrition practice established under section 148.622, the 16.27 board of dentistry established pursuant to section 150A.02, the 16.28 board of pharmacy established pursuant to section 151.02, the 16.29 board of podiatric medicine established pursuant to section 16.30 153.02, and the board of veterinary medicine, established 16.31 pursuant to section 156.01. 16.32 Sec. 19. Minnesota Statutes 1995 Supplement, section 16.33 214.04, subdivision 3, is amended to read: 16.34 Subd. 3. [OFFICERS; STAFF.] The executive director of each 16.35 health-related board and the executive secretary of each 16.36 non-health-related board shall be the chief administrative 17.1 officer for the board but shall not be a member of the board. 17.2 The executive director or executive secretary shall maintain the 17.3 records of the board, account for all fees received by it, 17.4 supervise and direct employees servicing the board, and perform 17.5 other services as directed by the board. The executive 17.6 directors, executive secretaries, and other employees of the 17.7 following boards shall be hired by the board, and the executive 17.8 directors or executive secretaries shall be in the unclassified 17.9 civil service, except as provided in this subdivision: 17.10 (1) dentistry; 17.11 (2) medical practice; 17.12 (3) nursing; 17.13 (4) pharmacy; 17.14 (5) accountancy; 17.15 (6) architecture, engineering, land surveying, landscape 17.16 architecture, geoscience, and interior design; 17.17 (7) barber examiners; 17.18 (8) cosmetology; 17.19 (9) electricity; 17.20 (10) teaching; 17.21 (11) peace officer standards and training; 17.22 (12) social work; 17.23 (13) marriage and family therapy;and17.24 (14) dietetics and nutrition practice; and 17.25 (15) professional counseling. 17.26 The executive directors or executive secretaries serving 17.27 the boards are hired by those boards and are in the unclassified 17.28 civil service, except for part-time executive directors or 17.29 executive secretaries, who are not required to be in the 17.30 unclassified service. Boards not requiring full-time executive 17.31 directors or executive secretaries may employ them on a 17.32 part-time basis. To the extent practicable, the sharing of 17.33 part-time executive directors or executive secretaries by boards 17.34 being serviced by the same department is encouraged. Persons 17.35 providing services to those boards not listed in this 17.36 subdivision, except executive directors or executive secretaries 18.1 of the boards and employees of the attorney general, are 18.2 classified civil service employees of the department servicing 18.3 the board. To the extent practicable, the commissioner shall 18.4 ensure that staff services are shared by the boards being 18.5 serviced by the department. If necessary, a board may hire 18.6 part-time, temporary employees to administer and grade 18.7 examinations. 18.8 Sec. 20. Minnesota Statutes 1994, section 541.07, is 18.9 amended to read: 18.10 541.07 [TWO- OR THREE-YEAR LIMITATIONS.] 18.11 Except where the Uniform Commercial Code, this section, 18.12 section 148A.06, or section 541.073 otherwise prescribes, the 18.13 following actions shall be commenced within two years: 18.14 (1) for libel, slander, assault, battery, false 18.15 imprisonment, or other tort, resulting in personal injury, and 18.16 all actions against physicians, surgeons, dentists, occupational 18.17 therapists, other health care professionals as defined in 18.18 section 145.61, and veterinarians as defined in chapter 156, 18.19 hospitals, sanitariums, for malpractice, error, mistake or 18.20 failure to cure, whether based on contract or tort; provided a 18.21 counterclaim may be pleaded as a defense to any action for 18.22 services brought by a physician, surgeon, dentist, or other 18.23 health care professional or veterinarian, hospital or 18.24 sanitarium, after the limitations herein described 18.25 notwithstanding it is barred by the provisions of this chapter, 18.26 if it was the property of the party pleading it at the time it 18.27 became barred and was not barred at the time the claim sued on 18.28 originated, but no judgment thereof except for costs can be 18.29 rendered in favor of the party so pleading it; 18.30 (2) upon a statute for a penalty or forfeiture, except as 18.31 provided in sections 541.074 and 541.075; 18.32 (3) for damages caused by a dam, other than a dam used for 18.33 commercial purposes; but as against one holding under the 18.34 preemption or homestead laws, the limitations shall not begin to 18.35 run until a patent has been issued for the land so damaged; 18.36 (4) against a master for breach of an indenture of 19.1 apprenticeship; the limitation runs from the expiration of the 19.2 term of service; 19.3 (5) for the recovery of wages or overtime or damages, fees 19.4 or penalties accruing under any federal or state law respecting 19.5 the payment of wages or overtime or damages, fees or penalties 19.6 except, that if the employer fails to submit payroll records by 19.7 a specified date upon request of the department of labor and 19.8 industry or if the nonpayment is willful and not the result of 19.9 mistake or inadvertence, the limitation is three years. (The 19.10 term "wages" means all remuneration for services or employment, 19.11 including commissions and bonuses and the cash value of all 19.12 remuneration in any medium other than cash, where the 19.13 relationship of master and servant exists and the term "damages" 19.14 means single, double, or treble damages, accorded by any 19.15 statutory cause of action whatsoever and whether or not the 19.16 relationship of master and servant exists); 19.17 (6) for damages caused by the establishment of a street or 19.18 highway grade or a change in the originally established grade; 19.19 (7) against the person who applies the pesticide for injury 19.20 or damage to property resulting from the application, but not 19.21 the manufacture or sale, of a pesticide. 19.22 Sec. 21. Minnesota Statutes 1994, section 609.341, 19.23 subdivision 17, is amended to read: 19.24 Subd. 17. "Psychotherapist" means a person who is or 19.25 purports to be a physician, psychologist, nurse, chemical 19.26 dependency counselor, social worker, marriage and family 19.27 counselor, professional counselor, or other mental health 19.28 service provider; or any other person, whether or not licensed 19.29 by the state, who performs or purports to perform psychotherapy. 19.30 Sec. 22. [INITIAL BOARD.] 19.31 Notwithstanding Minnesota Statutes, section 148B.51, 19.32 members of the first board appointed under that section need not 19.33 be licensed, but must meet all qualifications, other than 19.34 payment of fees, to be eligible for licensure under Minnesota 19.35 Statutes, sections 148B.50 to 148B.593. 19.36 Sec. 23. [APPROPRIATION.] 20.1 $190,000 is appropriated from the state government special 20.2 revenue fund to the professional counseling licensing board for 20.3 the purposes of sections 4 to 16 to be available until July 1, 20.4 1997. 20.5 Sec. 24. [EFFECTIVE DATE.] 20.6 Sections 1 to 23 are effective July 1, 1996.