2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health occupations; modifying the scope of 1.3 practice for occupational therapists, licensed 1.4 professional counselors, alcohol and drug counselors, 1.5 unlicensed mental health practitioners, and 1.6 pharmacists; appropriating money; amending Minnesota 1.7 Statutes 2002, sections 116J.70, subdivision 2a; 1.8 148.6425, subdivision 3; 148A.01, subdivision 5; 1.9 148B.60, subdivision 3; 148C.01, by adding a 1.10 subdivision; 151.01, subdivision 27; 214.01, 1.11 subdivision 2; 214.04, subdivision 3; 214.10, 1.12 subdivision 9; 609.341, subdivision 17; proposing 1.13 coding for new law in Minnesota Statutes, chapter 1.14 148B; repealing Minnesota Statutes 2002, sections 1.15 148B.60; 148B.61; 148B.63; 148B.64; 148B.65; 148B.66; 1.16 148B.67; 148B.68; 148B.69; 148B.70; 148B.71; 148C.01, 1.17 subdivision 6. 1.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19 Section 1. Minnesota Statutes 2002, section 116J.70, 1.20 subdivision 2a, is amended to read: 1.21 Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or 1.22 "license" does not include the following: 1.23 (1) any occupational license or registration issued by a 1.24 licensing board listed in section 214.01 or any occupational 1.25 registration issued by the commissioner of health pursuant to 1.26 section 214.13; 1.27 (2) any license issued by a county, home rule charter city, 1.28 statutory city, township, or other political subdivision; 1.29 (3) any license required to practice the following 1.30 occupation regulated by the following sections: 1.31 (i) abstracters regulated pursuant to chapter 386; 2.1 (ii) accountants regulated pursuant to chapter 326A; 2.2 (iii) adjusters regulated pursuant to chapter 72B; 2.3 (iv) architects regulated pursuant to chapter 326; 2.4 (v) assessors regulated pursuant to chapter 270; 2.5 (vi) athletic trainers regulated pursuant to chapter 148; 2.6 (vii) attorneys regulated pursuant to chapter 481; 2.7 (viii) auctioneers regulated pursuant to chapter 330; 2.8 (ix) barbers regulated pursuant to chapter 154; 2.9 (x) beauticians regulated pursuant to chapter 155A; 2.10 (xi) boiler operators regulated pursuant to chapter 183; 2.11 (xii) chiropractors regulated pursuant to chapter 148; 2.12 (xiii) collection agencies regulated pursuant to chapter 2.13 332; 2.14 (xiv) cosmetologists regulated pursuant to chapter 155A; 2.15 (xv) dentists, registered dental assistants, and dental 2.16 hygienists regulated pursuant to chapter 150A; 2.17 (xvi) detectives regulated pursuant to chapter 326; 2.18 (xvii) electricians regulated pursuant to chapter 326; 2.19 (xviii) mortuary science practitioners regulated pursuant 2.20 to chapter 149A; 2.21 (xix) engineers regulated pursuant to chapter 326; 2.22 (xx) insurance brokers and salespersons regulated pursuant 2.23 to chapter 60A; 2.24 (xxi) certified interior designers regulated pursuant to 2.25 chapter 326; 2.26 (xxii) midwives regulated pursuant to chapter 147D; 2.27 (xxiii) nursing home administrators regulated pursuant to 2.28 chapter 144A; 2.29 (xxiv) optometrists regulated pursuant to chapter 148; 2.30 (xxv) osteopathic physicians regulated pursuant to chapter 2.31 147; 2.32 (xxvi) pharmacists regulated pursuant to chapter 151; 2.33 (xxvii) physical therapists regulated pursuant to chapter 2.34 148; 2.35 (xxviii) physician assistants regulated pursuant to chapter 2.36 147A; 3.1 (xxix) physicians and surgeons regulated pursuant to 3.2 chapter 147; 3.3 (xxx) plumbers regulated pursuant to chapter 326; 3.4 (xxxi) podiatrists regulated pursuant to chapter 153; 3.5 (xxxii) practical nurses regulated pursuant to chapter 148; 3.6 (xxxiii) professional fund raisers regulated pursuant to 3.7 chapter 309; 3.8 (xxxiv) psychologists regulated pursuant to chapter 148; 3.9 (xxxv) real estate brokers, salespersons, and others 3.10 regulated pursuant to chapters 82 and 83; 3.11 (xxxvi) registered nurses regulated pursuant to chapter 3.12 148; 3.13 (xxxvii) securities brokers, dealers, agents, and 3.14 investment advisers regulated pursuant to chapter 80A; 3.15 (xxxviii) steamfitters regulated pursuant to chapter 326; 3.16 (xxxix) teachers and supervisory and support personnel 3.17 regulated pursuant to chapter 125; 3.18 (xl) veterinarians regulated pursuant to chapter 156; 3.19 (xli) water conditioning contractors and installers 3.20 regulated pursuant to chapter 326; 3.21 (xlii) water well contractors regulated pursuant to chapter 3.22 103I; 3.23 (xliii) water and waste treatment operators regulated 3.24 pursuant to chapter 115; 3.25 (xliv) motor carriers regulated pursuant to chapter 221; 3.26 (xlv) professional firms regulated under chapter 319B; 3.27 (xlvi) real estate appraisers regulated pursuant to chapter 3.28 82B; 3.29 (xlvii) residential building contractors, residential 3.30 remodelers, residential roofers, manufactured home installers, 3.31 and specialty contractors regulated pursuant to chapter 326; 3.32 (xlviii) licensed professional counselors regulated 3.33 pursuant to chapter 148B; 3.34 (4) any driver's license required pursuant to chapter 171; 3.35 (5) any aircraft license required pursuant to chapter 360; 3.36 (6) any watercraft license required pursuant to chapter 4.1 86B; 4.2 (7) any license, permit, registration, certification, or 4.3 other approval pertaining to a regulatory or management program 4.4 related to the protection, conservation, or use of or 4.5 interference with the resources of land, air, or water, which is 4.6 required to be obtained from a state agency or instrumentality; 4.7 and 4.8 (8) any pollution control rule or standard established by 4.9 the pollution control agency or any health rule or standard 4.10 established by the commissioner of health or any licensing rule 4.11 or standard established by the commissioner of human services. 4.12 Sec. 2. Minnesota Statutes 2002, section 148.6425, 4.13 subdivision 3, is amended to read: 4.14 Subd. 3. [LICENSURE RENEWAL FOUR YEARS OR MORE AFTER 4.15 LICENSURE EXPIRATION DATE.] (a) An individual who requests 4.16 licensure renewal four years or more after the licensure 4.17 expiration date must submit the following: 4.18 (1) a completed and signed application for licensure on 4.19 forms provided by the commissioner; 4.20 (2) the renewal fee and the late fee required under section 4.21 148.6445 if renewal application is based on paragraph (b), 4.22 clause (1), (2), or (3), or the renewal fee required under 4.23 section 148.6445 if renewal application is based on paragraph 4.24 (b), clause (4); 4.25 (3) proof of having met the continuing education 4.26 requirement for the most recently completed two-year continuing 4.27 education cycle; and 4.28 (4) at the time of the next licensure renewal, proof of 4.29 having met the continuing education requirement, which shall be 4.30 prorated based on the number of months licensed during the 4.31 biennial licensure period. 4.32 (b) In addition to the requirements in paragraph (a), the 4.33 applicant must submit proof of one of the following: 4.34 (1) verified documentation of successful completion of 160 4.35 hours of supervised practice approved by the commissioner as 4.36 described in paragraph (c); 5.1 (2) verified documentation of having achieved a qualifying 5.2 score on the credentialing examination for occupational 5.3 therapists or the credentialing examination for occupational 5.4 therapy assistants administered within the past year;
or5.5 (3) documentation of having completed a combination of 5.6 occupational therapy courses or an occupational therapy 5.7 refresher program that contains both a theoretical and clinical 5.8 component approved by the commissioner. Only courses completed 5.9 within one year preceding the date of the application or one 5.10 year after the date of the application qualify for approval; or 5.11 (4) evidence that the applicant holds a current and 5.12 unrestricted credential for the practice of occupational therapy 5.13 in another jurisdiction and that the applicant's credential from 5.14 that jurisdiction has been held in good standing during the 5.15 period of lapse. 5.16 (c) To participate in a supervised practice as described in 5.17 paragraph (b), clause (1), the applicant shall obtain limited 5.18 licensure. To apply for limited licensure, the applicant shall 5.19 submit the completed limited licensure application, fees, and 5.20 agreement for supervision of an occupational therapist or 5.21 occupational therapy assistant practicing under limited 5.22 licensure signed by the supervising therapist and the 5.23 applicant. The supervising occupational therapist shall state 5.24 the proposed level of supervision on the supervision agreement 5.25 form provided by the commissioner. The supervising therapist 5.26 shall determine the frequency and manner of supervision based on 5.27 the condition of the patient or client, the complexity of the 5.28 procedure, and the proficiencies of the supervised occupational 5.29 therapist. At a minimum, a supervising occupational therapist 5.30 shall be on the premises at all times that the person practicing 5.31 under limited licensure is working; be in the room ten percent 5.32 of the hours worked each week by the person practicing under 5.33 limited licensure; and provide daily face-to-face collaboration 5.34 for the purpose of observing service competency of the 5.35 occupational therapist or occupational therapy assistant, 5.36 discussing treatment procedures and each client's response to 6.1 treatment, and reviewing and modifying, as necessary, each 6.2 treatment plan. The supervising therapist shall document the 6.3 supervision provided. The occupational therapist participating 6.4 in a supervised practice is responsible for obtaining the 6.5 supervision required under this paragraph and must comply with 6.6 the commissioner's requirements for supervision during the 6.7 entire 160 hours of supervised practice. The supervised 6.8 practice must be completed in two months and may be completed at 6.9 the applicant's place of work. 6.10 (d) In addition to the requirements in paragraphs (a) and 6.11 (b), the applicant must submit additional information as 6.12 requested by the commissioner to clarify information in the 6.13 application, including information to determine whether the 6.14 applicant has engaged in conduct warranting disciplinary action 6.15 as set forth in section 148.6448. The information must be 6.16 submitted within 30 days after the commissioner's request. 6.17 [EFFECTIVE DATE.] This section is effective the day 6.18 following final enactment. 6.19 Sec. 3. Minnesota Statutes 2002, section 148A.01, 6.20 subdivision 5, is amended to read: 6.21 Subd. 5. [PSYCHOTHERAPIST.] "Psychotherapist" means a 6.22 physician, psychologist, nurse, chemical dependency counselor, 6.23 social worker, member of the clergy, marriage and family 6.24 therapist, mental health service provider, licensed professional 6.25 counselor, or other person, whether or not licensed by the 6.26 state, who performs or purports to perform psychotherapy. 6.27 LICENSED PROFESSIONAL 6.28 COUNSELING 6.29 Sec. 4. [148B.50] [DEFINITIONS.] 6.30 Subdivision 1. [APPLICABILITY.] For the purposes of 6.31 sections 148B.50 to 148B.593, the following terms have the 6.32 meanings given. 6.33 Subd. 2. [APPROVED SUPERVISOR.] "Approved supervisor" 6.34 means a licensed professional counselor, licensed psychologist, 6.35 or other qualified supervisor as determined by the board, who 6.36 has four years of professional counseling experience and 7.1 documents to the board the completion of a training in 7.2 counseling supervision that included content and experiences 7.3 relevant to the supervision of professional counselors. 7.4 Subd. 3. [BOARD.] "Board" means the board of behavioral 7.5 health and therapy established by section 148B.51. 7.6 Subd. 4. [LICENSED PROFESSIONAL COUNSELING.] "Licensed 7.7 professional counseling" means the application of counseling, 7.8 human development, and mental health research, principles, and 7.9 procedures to maintain and enhance the mental health, 7.10 development, personal and interpersonal effectiveness, and 7.11 adjustment to work and life of individuals and families. 7.12 Subd. 5. [SCOPE OF PRACTICE.] (a) The scope of practice of 7.13 a licensed professional counselor includes, but is not limited 7.14 to: 7.15 (1) the implementation of professional counseling treatment 7.16 interventions including evaluation, treatment planning, 7.17 assessment, and referral; 7.18 (2) direct counseling services to individuals, groups, and 7.19 families; 7.20 (3) counseling strategies that effectively respond to 7.21 multicultural populations; 7.22 (4) knowledge of relevant laws and ethics impacting 7.23 practice; 7.24 (5) crisis intervention; 7.25 (6) consultation; and 7.26 (7) program evaluation and applied research. 7.27 (b) For the purposes of paragraph (a), clause (1), 7.28 "professional counseling treatment interventions" means the 7.29 application of cognitive, affective, behavioral, systemic, and 7.30 community counseling strategies which include principles of 7.31 human development, wellness, and pathology. Counselors provide 7.32 mental health services for clients whose symptoms significantly 7.33 interfere with daily functioning and would most likely not 7.34 improve in a reasonable time period without intervention. 7.35 (c) Licensed professional counseling does not include 7.36 activities or services undertaken by persons listed in section 8.1 148B.592, or the performance of any act that licensed 8.2 professional counselors are not educated and trained to perform. 8.3 (d) In order to evaluate and treat mental illness, a 8.4 licensed professional counselor must complete the postgraduate 8.5 training specified in section 245.462, subdivision 18, clause 8.6 (6), or 245.4871, subdivision 27, clause (6). 8.7 Sec. 5. [148B.51] [BOARD OF BEHAVIORAL HEALTH AND 8.8 THERAPY.] 8.9 The board of behavioral health and therapy consists of 13 8.10 members appointed by the governor. Five of the members shall be 8.11 professional counselors licensed or eligible for licensure under 8.12 sections 148B.50 to 148B.593. Five of the members shall be 8.13 alcohol and drug counselors licensed under chapter 148C. Three 8.14 of the members shall be public members as defined in section 8.15 214.02. The board shall annually elect from its membership a 8.16 chair and vice-chair. The board shall appoint and employ an 8.17 executive director who is not a member of the board. Chapter 8.18 214 applies to the board of behavioral health and therapy unless 8.19 superseded by sections 148B.50 to 148B.593. 8.20 Sec. 6. [148B.52] [DUTIES OF THE BOARD.] 8.21 (a) The board of behavioral health and therapy shall: 8.22 (1) establish by rule appropriate techniques, including 8.23 examinations and other methods, for determining whether 8.24 applicants and licensees are qualified under sections 148B.50 to 8.25 148B.593; 8.26 (2) establish by rule standards for professional conduct, 8.27 including adoption of a code of professional ethics and 8.28 requirements for continuing education and supervision; 8.29 (3) issue licenses to individuals qualified under sections 8.30 148B.50 to 148B.593; 8.31 (4) establish by rule standards for initial education 8.32 including coursework for licensure and content of professional 8.33 education; 8.34 (5) establish by rule procedures, including a standard 8.35 disciplinary process, to assess whether individuals licensed as 8.36 licensed professional counselors comply with the board's rules; 9.1 (6) establish, maintain, and publish annually a register of 9.2 current licensees and approved supervisors; 9.3 (7) establish initial and renewal application and 9.4 examination fees sufficient to cover operating expenses of the 9.5 board and its agents; 9.6 (8) educate the public about the existence and content of 9.7 the laws and rules for licensed professional counselors to 9.8 enable consumers to file complaints against licensees who may 9.9 have violated the rules; 9.10 (9) establish rules and regulations pertaining to treatment 9.11 for impaired practitioners; and 9.12 (10) periodically evaluate its rules in order to refine the 9.13 standards for licensing professional counselors and to improve 9.14 the methods used to enforce the board's standards. 9.15 (b) The board may appoint a professional discipline 9.16 committee for each occupational licensure regulated by the 9.17 board, and may appoint a board member as chair. The 9.18 professional discipline committee shall consist of five members 9.19 representative of the licensed occupation and shall provide 9.20 recommendations to the board with regard to rule techniques, 9.21 standards, procedures, and related issues specific to the 9.22 licensed occupation. 9.23 Sec. 7. [148B.53] [REQUIREMENTS FOR LICENSURE.] 9.24 Subdivision 1. [GENERAL REQUIREMENTS.] (a) To be licensed 9.25 as a licensed professional counselor (LPC), an applicant must 9.26 provide evidence satisfactory to the board that the applicant: 9.27 (1) is at least 18 years of age; 9.28 (2) is of good moral character; 9.29 (3) has completed a master's degree program in counseling 9.30 that includes a minimum of 48 semester hours and a supervised 9.31 field experience of not fewer than 700 hours that is counseling 9.32 in nature; 9.33 (4) has submitted to the board a plan for supervision 9.34 during the first 2,000 hours of professional practice; 9.35 (5) has demonstrated competence in professional counseling 9.36 by passing the National Counseling Exam (NCE) administered by 10.1 the National Board for Certified Counselors, Inc. (NBCC) 10.2 including obtaining a passing score on the examination accepted 10.3 by the board based on the determinations made by the NBCC and 10.4 oral and situational examinations if prescribed by the board; 10.5 (6) will conduct all professional activities as a licensed 10.6 professional counselor in accordance with standards for 10.7 professional conduct established by the rules of the board; and 10.8 (7) has declared to the board and agrees to continue to 10.9 declare areas of professional competencies through a statement 10.10 of professional disclosure, describing the intended use of the 10.11 license and the population to be served. 10.12 (b) The degree described in paragraph (a), clause (3), must 10.13 be from a counseling program recognized by the Council for 10.14 Accreditation of Counseling and Related Education Programs 10.15 (CACREP) or from an institution of higher education that is 10.16 accredited by a regional accrediting organization recognized by 10.17 the Council for Higher Education Accreditation (CHEA). Specific 10.18 academic course content and training must meet standards 10.19 established by the CACREP, including course work in the 10.20 following subject areas: 10.21 (1) the helping relationship, including counseling theory 10.22 and practice; 10.23 (2) human growth and development; 10.24 (3) lifestyle and career development; 10.25 (4) group dynamics, processes, counseling, and consulting; 10.26 (5) assessment and appraisal; 10.27 (6) social and cultural foundations, including 10.28 multicultural issues; 10.29 (7) principles of etiology, treatment planning, and 10.30 prevention of mental and emotional disorders and dysfunctional 10.31 behavior; 10.32 (8) family counseling and therapy; 10.33 (9) research and evaluation; and 10.34 (10) professional counseling orientation and ethics. 10.35 (c) To be licensed as a professional counselor, a 10.36 psychological practitioner licensed under section 148.908 need 11.1 only show evidence of licensure under that section and is not 11.2 required to comply with paragraph (a) or (b). 11.3 Subd. 2. [MINIMUM HOUR EFFECTIVE DATE.] The minimum 11.4 semester hour requirement imposed by subdivision 1, paragraph 11.5 (a), clause (3), is not effective until July 1, 2004. This 11.6 subdivision expires July 1, 2005. 11.7 Subd. 3. [FEE.] Each applicant shall pay a nonrefundable 11.8 fee set by the board. 11.9 Sec. 8. [148B.54] [LICENSE RENEWAL REQUIREMENTS.] 11.10 Subdivision 1. [RENEWAL.] Licensees shall renew licenses 11.11 at the time and in the manner established by the rules of the 11.12 board. 11.13 Subd. 2. [CONTINUING EDUCATION.] At the completion of the 11.14 first two years of licensure, a licensee must provide evidence 11.15 satisfactory to the board of completion of 12 additional 11.16 postgraduate semester credit hours in counseling as determined 11.17 by the board. Thereafter, at the time of renewal, each licensee 11.18 shall provide evidence satisfactory to the board that the 11.19 licensee has completed during each two-year period at least the 11.20 equivalent of 40 clock hours of professional postdegree 11.21 continuing education in programs approved by the board and 11.22 continues to be qualified to practice under sections 148B.50 to 11.23 148B.593. 11.24 Sec. 9. [148B.55] [LICENSES; TRANSITION PERIOD.] 11.25 For two years beginning July 1, 2003, the board shall issue 11.26 a license without examination to an applicant if the board 11.27 determines that the applicant satisfies the requirements in 11.28 section 148B.53, subdivision 1, if the applicant is a licensed 11.29 psychological practitioner, a licensed marriage and family 11.30 therapist, or a licensed alcohol and drug counselor, or is in 11.31 the process of being so licensed. An applicant licensed under 11.32 this section must also agree to conduct all professional 11.33 activities as a licensed professional counselor in accordance 11.34 with standards for professional conduct established by the board 11.35 by rule. This section expires July 1, 2005. 11.36 Sec. 10. [148B.56] [RECIPROCITY.] 12.1 The board may issue a license to an individual who holds a 12.2 current license or other credential from another jurisdiction if 12.3 the board finds that the requirements for that credential are 12.4 substantially similar to the requirements in sections 148B.50 to 12.5 148B.593. 12.6 Sec. 11. [148B.58] [NONTRANSFERABILITY OF LICENSES.] 12.7 A professional counseling license is not transferable. 12.8 Sec. 12. [148B.59] [GROUNDS FOR DISCIPLINARY ACTION; FORMS 12.9 OF DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 12.10 (a) The board may impose disciplinary action as described 12.11 in paragraph (b) against an applicant or licensee whom the 12.12 board, by a preponderance of the evidence, determines: 12.13 (1) has violated a statute, rule, or order that the board 12.14 issued or is empowered to enforce; 12.15 (2) has engaged in fraudulent, deceptive, or dishonest 12.16 conduct, whether or not the conduct relates to the practice of 12.17 licensed professional counseling, that adversely affects the 12.18 person's ability or fitness to practice professional counseling; 12.19 (3) has engaged in unprofessional conduct or any other 12.20 conduct which has the potential for causing harm to the public, 12.21 including any departure from or failure to conform to the 12.22 minimum standards of acceptable and prevailing practice without 12.23 actual injury having to be established; 12.24 (4) has been convicted of or has pled guilty or nolo 12.25 contendere to a felony or other crime, an element of which is 12.26 dishonesty or fraud, or has been shown to have engaged in acts 12.27 or practices tending to show that the applicant or licensee is 12.28 incompetent or has engaged in conduct reflecting adversely on 12.29 the applicant's or licensee's ability or fitness to engage in 12.30 the practice of professional counseling; 12.31 (5) has employed fraud or deception in obtaining or 12.32 renewing a license, or in passing an examination; 12.33 (6) has had any counseling license, certificate, 12.34 registration, privilege to take an examination, or other similar 12.35 authority denied, revoked, suspended, canceled, limited, or not 12.36 renewed for cause in any jurisdiction; 13.1 (7) has failed to meet any requirement for the issuance or 13.2 renewal of the person's license. The burden of proof is on the 13.3 applicant or licensee to demonstrate the qualifications or 13.4 satisfy the requirements for a license under the licensed 13.5 professional counseling act; 13.6 (8) has failed to cooperate with an investigation of the 13.7 board; 13.8 (9) has demonstrated an inability to practice professional 13.9 counseling with reasonable skill and safety to clients due to 13.10 any mental or physical illness or condition; or 13.11 (10) has engaged in fee splitting. This clause does not 13.12 apply to the distribution of revenues from a partnership, group 13.13 practice, nonprofit corporation, or professional corporation to 13.14 its partners, shareholders, members, or employees if the 13.15 revenues consist only of fees for services performed by the 13.16 licensee or under a licensee's administrative authority. Fee 13.17 splitting includes, but is not limited to: 13.18 (i) dividing fees with another person or a professional 13.19 corporation, unless the division is in proportion to the 13.20 services provided and the responsibility assumed by each 13.21 professional; and 13.22 (ii) referring a client to any health care provider as 13.23 defined in section 144.335 in which the referring licensee has a 13.24 significant financial interest, unless the licensee has 13.25 disclosed in advance to the client the licensee's own financial 13.26 interest. 13.27 (b) If grounds for disciplinary action exist under 13.28 paragraph (a), the board may take one or more of the following 13.29 actions: 13.30 (1) refuse to grant or renew a license; 13.31 (2) revoke a license; 13.32 (3) suspend a license; 13.33 (4) impose limitations or conditions on a licensee's 13.34 practice of professional counseling, including, but not limited 13.35 to, limiting the scope of practice to designated competencies, 13.36 imposing retraining or rehabilitation requirements, requiring 14.1 the licensee to practice under supervision, or conditioning 14.2 continued practice on the demonstration of knowledge or skill by 14.3 appropriate examination or other review of skill and competence; 14.4 (5) censure or reprimand the licensee; 14.5 (6) refuse to permit an applicant to take the licensure 14.6 examination or refuse to release an applicant's examination 14.7 grade if the board finds that it is in the public interest; or 14.8 (7) impose a civil penalty not exceeding $10,000 for each 14.9 separate violation, the amount of the civil penalty to be fixed 14.10 so as to deprive the physical therapist of any economic 14.11 advantage gained by reason of the violation charged, to 14.12 discourage similar violations or to reimburse the board for the 14.13 cost of the investigation and proceeding, including, but not 14.14 limited to, fees paid for services provided by the office of 14.15 administrative hearings, legal and investigative services 14.16 provided by the office of the attorney general, court reporters, 14.17 witnesses, reproduction of records, board members' per diem 14.18 compensation, board staff time, and travel costs and expenses 14.19 incurred by board staff and board members. 14.20 (c) In lieu of or in addition to paragraph (b), the board 14.21 may require, as a condition of continued licensure, termination 14.22 of suspension, reinstatement of license, examination, or release 14.23 of examination grades, that the applicant or licensee: 14.24 (1) submit to a quality review, as specified by the board, 14.25 of the applicant's or licensee's ability, skills, or quality of 14.26 work; and 14.27 (2) complete to the satisfaction of the board educational 14.28 courses specified by the board. 14.29 (d) Service of the order is effective if the order is 14.30 served on the applicant, licensee, or counsel of record 14.31 personally or by mail to the most recent address provided to the 14.32 board for the licensee, applicant, or counsel of record. The 14.33 order shall state the reasons for the entry of the order. 14.34 Sec. 13. [148B.591] [PROHIBITION AGAINST UNLICENSED 14.35 PRACTICE OR USE OF TITLES.] 14.36 Subdivision 1. [PRACTICE.] After the effective date of 15.1 rules adopted by the board, no individual may engage in the 15.2 practice of licensed professional counseling unless that 15.3 individual holds a valid license or is exempt from licensure 15.4 under section 148B.592. 15.5 Subd. 2. [USE OF TITLES.] After the board adopts rules, no 15.6 individual may be presented to the public by any title or 15.7 practice incorporating the words "licensed professional 15.8 counselor" or "LPC" unless that individual holds a valid license 15.9 issued under sections 148B.50 to 148B.593. 15.10 Sec. 14. [148B.592] [EXCEPTIONS TO LICENSE REQUIREMENT.] 15.11 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections 15.12 148B.50 to 148B.593 prevents members of other professions or 15.13 occupations from performing functions for which they are 15.14 qualified or licensed. This exception includes, but is not 15.15 limited to, licensed physicians, registered nurses, licensed 15.16 practical nurses, licensed psychologists, probation officers, 15.17 attorneys, social workers, marriage and family therapists, 15.18 qualified rehabilitation consultants, natural family planning 15.19 practitioners certified by the American Academy of Natural 15.20 Family Planning, and registered occupational therapists or 15.21 certified occupational therapist assistants. These persons must 15.22 not, however, use a title incorporating the words "licensed 15.23 professional counselor" or otherwise hold themselves out to the 15.24 public by any title or description stating or implying that they 15.25 are licensed to engage in the practice of professional 15.26 counseling unless they are licensed under sections 148B.50 to 15.27 148B.593. 15.28 Subd. 2. [STUDENTS.] Nothing in sections 148B.50 to 15.29 148B.593 prevents a student, intern, or trainee enrolled in an 15.30 accredited program of professional counseling from engaging in 15.31 professional counseling as part of the supervised course of 15.32 study if the person is identified as a "counselor intern." 15.33 Subd. 3. [GOVERNMENT AGENCIES; EDUCATIONAL INSTITUTIONS.] 15.34 Nothing in sections 148B.50 to 148B.593 limits the activities 15.35 and services of, or use of, an official title by a person 15.36 employed as a counselor by a federal, state, county, or 16.1 municipal agency, or public or private educational institution 16.2 if the person is performing the activities within the scope of 16.3 the person's employment. 16.4 Subd. 4. [UNLICENSED PRACTITIONERS.] (a) Nothing in 16.5 sections 148B.50 to 148B.593 prohibits the provision of mental 16.6 health services by an unlicensed mental health practitioner as 16.7 defined in section 148B.60, subdivision 3. This paragraph 16.8 expires July 1, 2004. 16.9 (b) Nothing in this section limits the authority of 16.10 unlicensed complementary and alternative health care 16.11 practitioners to perform services under chapter 146A. 16.12 Subd. 5. [NONRESIDENTS.] A nonresident may engage in the 16.13 practice of professional counseling within the state without a 16.14 license for up to 30 days during any calendar year if the 16.15 nonresident is authorized to provide the services under the law 16.16 of the state or country of residence and the nonresident has 16.17 provided proof of credentials to the board, been found qualified 16.18 to render services in the state, and been granted permission by 16.19 the board to practice. 16.20 Subd. 6. [CLERGY.] Nothing in sections 148B.50 to 148B.593 16.21 limits the activities and services of a rabbi, priest, minister, 16.22 or clergyperson of any religious denomination or sect, provided 16.23 such activities and services are within the scope of the 16.24 performance of regular or specialized ministerial duties. 16.25 Subd. 7. [NONPROFIT ORGANIZATIONS AND CHARITIES.] Nothing 16.26 in sections 148B.50 to 148B.593 limits the activities, services, 16.27 and descriptions of persons offering volunteer or professional 16.28 services for public or private nonprofit organizations or 16.29 charities. 16.30 Sec. 15. [148B.593] [DISCLOSURE OF INFORMATION.] 16.31 (a) A person licensed under sections 148B.50 to 148B.593 16.32 may not disclose without written consent of the client any 16.33 communication made by the client to the licensee in the course 16.34 of the practice of professional counseling, nor may any employee 16.35 of the licensee reveal the information without the consent of 16.36 the employer or client except as provided under section 626.556 17.1 or 626.557. 17.2 (b) For purposes of sections 148B.50 to 148B.593, the 17.3 confidential relations and communications between the licensee 17.4 and a client are placed upon the same basis as those that exist 17.5 between a licensed psychologist and client. Nothing in sections 17.6 148B.50 to 148B.593 may be construed to require any 17.7 communications to be disclosed except by court order. 17.8 Sec. 16. Minnesota Statutes 2002, section 148B.60, 17.9 subdivision 3, is amended to read: 17.10 Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR 17.11 PRACTITIONER.] "Unlicensed mental health practitioner" or 17.12 "practitioner" means a person who provides or purports to 17.13 provide, for remuneration, mental health services as defined in 17.14 subdivision 4. It does not include persons licensed by the 17.15 board of medical practice under chapter 147 or registered by the 17.16 board of medical practice under chapter 147A; the board of 17.17 nursing under sections 148.171 to 148.285; the board of 17.18 psychology under sections 148.88 to 148.98; the board of social 17.19 work under sections 148B.18 to 148B.289; the board of marriage 17.20 and family therapy under sections 148B.29 to 148B.39; the board 17.21 of behavioral health and therapy under sections 148B.50 to 17.22 148B.593; or another licensing board if the person is practicing 17.23 within the scope of the license; members of the clergy who are 17.24 providing pastoral services in the context of performing and 17.25 fulfilling the salaried duties and obligations required of a 17.26 member of the clergy by a religious congregation; American 17.27 Indian medicine men and women; licensed attorneys; probation 17.28 officers; school counselors employed by a school district while 17.29 acting within the scope of employment as school counselors; 17.30 registered occupational therapists; or occupational therapy 17.31 assistants. For the purposes of complaint investigation or 17.32 disciplinary action relating to an individual practitioner, the 17.33 term includes: 17.34 (1) persons employed by a program licensed by the 17.35 commissioner of human services who are acting as mental health 17.36 practitioners within the scope of their employment; 18.1 (2) persons employed by a program licensed by the 18.2 commissioner of human services who are providing chemical 18.3 dependency counseling services; persons who are providing 18.4 chemical dependency counseling services in private practice; and 18.5 (3) clergy who are providing mental health services that 18.6 are equivalent to those defined in subdivision 4. 18.7 Sec. 17. Minnesota Statutes 2002, section 148C.01, is 18.8 amended by adding a subdivision to read: 18.9 Subd. 2a. [BOARD.] "Board" means the board of behavioral 18.10 health and therapy established by section 148B.51. 18.11 [EFFECTIVE DATE.] This section is effective July 1, 2005. 18.12 Sec. 18. Minnesota Statutes 2002, section 151.01, 18.13 subdivision 27, is amended to read: 18.14 Subd. 27. [PRACTICE OF PHARMACY.] "Practice of pharmacy" 18.15 means: 18.16 (1) interpretation and evaluation of prescription drug 18.17 orders; 18.18 (2) compounding, labeling, and dispensing drugs and devices 18.19 (except labeling by a manufacturer or packager of 18.20 nonprescription drugs or commercially packaged legend drugs and 18.21 devices); 18.22 (3) participation in clinical interpretations and 18.23 monitoring of drug therapy for assurance of safe and effective 18.24 use of drugs; 18.25 (4) participation in drug and therapeutic device selection; 18.26 drug administration for first dosage and medical emergencies; 18.27 drug regimen reviews; and drug or drug-related research; 18.28 (5) participation in administration of influenza and 18.29 pneumococcal vaccine to individuals over 18 years of age under 18.30 standing orders from a physician licensed under chapter 147 or 18.31 by written protocol with a physician provided that: 18.32 (i) the pharmacist is trained in a program approved by the 18.33 American Council of Pharmaceutical Education for the 18.34 administration of immunizations or graduated from a college of 18.35 pharmacy in 2001 or thereafter; and 18.36 (ii) the pharmacist reports the administration of the 19.1 immunization to the patient's primary physician or clinic; 19.2 (6) participation in the practice of managing drug therapy 19.3 and modifying drug therapy, according to section 151.21, 19.4 subdivision 1, on a case-by-case basis according to a written 19.5 protocol between the specific pharmacist and the individual 19.6 dentist, optometrist, physician, podiatrist, or veterinarian who 19.7 is responsible for the patient's care and authorized to 19.8 independently prescribe drugs. Any significant changes in drug 19.9 therapy must be reported by the pharmacist to the patient's 19.10 medical record; 19.11 (6)(7) participation in the storage of drugs and the 19.12 maintenance of records; 19.13 (7)(8) responsibility for participation in patient 19.14 counseling on therapeutic values, content, hazards, and uses of 19.15 drugs and devices; and 19.16 (8)(9) offering or performing those acts, services, 19.17 operations, or transactions necessary in the conduct, operation, 19.18 management, and control of a pharmacy. 19.19 Sec. 19. Minnesota Statutes 2002, section 214.01, 19.20 subdivision 2, is amended to read: 19.21 Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related 19.22 licensing board" means the board of examiners of nursing home 19.23 administrators established pursuant to section 144A.19, the 19.24 office of unlicensed complementary and alternative health care 19.25 practice established pursuant to section 146A.02, the board of 19.26 medical practice created pursuant to section 147.01, the board 19.27 of nursing created pursuant to section 148.181, the board of 19.28 chiropractic examiners established pursuant to section 148.02, 19.29 the board of optometry established pursuant to section 148.52, 19.30 the board of physical therapy established pursuant to section 19.31 148.67, the board of psychology established pursuant to section 19.32 148.90, the board of social work pursuant to section 148B.19, 19.33 the board of marriage and family therapy pursuant to section 19.34 148B.30, the office of mental health practice established 19.35 pursuant to section 148B.61, the board of behavioral health and 19.36 therapy established by section 148B.51, the alcohol and drug 20.1 counselors licensing advisory council established pursuant to 20.2 section 148C.02, the board of dietetics and nutrition practice 20.3 established under section 148.622, the board of dentistry 20.4 established pursuant to section 150A.02, the board of pharmacy 20.5 established pursuant to section 151.02, the board of podiatric 20.6 medicine established pursuant to section 153.02, and the board 20.7 of veterinary medicine, established pursuant to section 156.01. 20.8 Sec. 20. Minnesota Statutes 2002, section 214.04, 20.9 subdivision 3, is amended to read: 20.10 Subd. 3. [OFFICERS; STAFF.] The executive director of each 20.11 health-related board and the executive secretary of each 20.12 non-health-related board shall be the chief administrative 20.13 officer for the board but shall not be a member of the board. 20.14 The executive director or executive secretary shall maintain the 20.15 records of the board, account for all fees received by it, 20.16 supervise and direct employees servicing the board, and perform 20.17 other services as directed by the board. The executive 20.18 directors, executive secretaries, and other employees of the 20.19 following boards shall be hired by the board, and the executive 20.20 directors or executive secretaries shall be in the unclassified 20.21 civil service, except as provided in this subdivision: 20.22 (1) dentistry; 20.23 (2) medical practice; 20.24 (3) nursing; 20.25 (4) pharmacy; 20.26 (5) accountancy; 20.27 (6) architecture, engineering, land surveying, landscape 20.28 architecture, geoscience, and interior design; 20.29 (7) barber examiners; 20.30 (8) cosmetology; 20.31 (9) electricity; 20.32 (10) teaching; 20.33 (11) peace officer standards and training; 20.34 (12) social work; 20.35 (13) marriage and family therapy; and20.36 (14) dietetics and nutrition practice; and 21.1 (15) licensed professional counseling. 21.2 The executive directors or executive secretaries serving 21.3 the boards are hired by those boards and are in the unclassified 21.4 civil service, except for part-time executive directors or 21.5 executive secretaries, who are not required to be in the 21.6 unclassified service. Boards not requiring full-time executive 21.7 directors or executive secretaries may employ them on a 21.8 part-time basis. To the extent practicable, the sharing of 21.9 part-time executive directors or executive secretaries by boards 21.10 being serviced by the same department is encouraged. Persons 21.11 providing services to those boards not listed in this 21.12 subdivision, except executive directors or executive secretaries 21.13 of the boards and employees of the attorney general, are 21.14 classified civil service employees of the department servicing 21.15 the board. To the extent practicable, the commissioner shall 21.16 ensure that staff services are shared by the boards being 21.17 serviced by the department. If necessary, a board may hire 21.18 part-time, temporary employees to administer and grade 21.19 examinations. 21.20 Sec. 21. Minnesota Statutes 2002, section 214.10, 21.21 subdivision 9, is amended to read: 21.22 Subd. 9. [ACTS AGAINST MINORS.] (a) As used in this 21.23 subdivision, the following terms have the meanings given them. 21.24 (1) "Licensed person" means a person who is licensed under 21.25 this chapter by the board of nursing, the board of psychology, 21.26 the social work licensing board, the board of marriage and 21.27 family therapy, the board of unlicensed mental health service 21.28 providers, the board of behavioral health and therapy, or the 21.29 board of teaching. 21.30 (2) "Crime against a minor" means conduct that constitutes 21.31 a violation of section 609.185, 609.19, 609.195, 609.20, 21.32 609.205, 609.21, 609.215, 609.221, 609.222, 609.223, 609.342, 21.33 609.343, 609.345, or a felony violation of section 609.377. 21.34 (b) In any license revocation proceeding, there is a 21.35 rebuttable presumption that a licensed person who is convicted 21.36 in a court of competent jurisdiction of committing a crime 22.1 against a minor is unfit to practice the profession or 22.2 occupation for which that person is licensed. 22.3 Sec. 22. Minnesota Statutes 2002, section 609.341, 22.4 subdivision 17, is amended to read: 22.5 Subd. 17. "Psychotherapist" means a person who is or 22.6 purports to be a physician, psychologist, nurse, chemical 22.7 dependency counselor, social worker, marriage and family 22.8 therapist, licensed professional counselor, or other mental 22.9 health service provider; or any other person, whether or not 22.10 licensed by the state, who performs or purports to perform 22.11 psychotherapy. 22.12 Sec. 23. [INITIAL BOARD.] 22.13 Notwithstanding Minnesota Statutes, section 148B.51, 22.14 members of the first board appointed under that section need not 22.15 be licensed, but must meet all qualifications, other than 22.16 payment of fees, to be eligible for licensure under Minnesota 22.17 Statutes, sections 148B.50 to 148B.593. 22.18 Sec. 24. [INTERAGENCY AGREEMENT.] 22.19 The board of behavioral health and therapy and the board of 22.20 psychology may enter into an interagency agreement for shared 22.21 administrative services. 22.22 Sec. 25. [RECOMMENDATIONS FOR MERGING THERAPY-RELATED 22.23 BOARDS.] 22.24 The boards of behavioral health and therapy and marriage 22.25 and family therapy shall develop recommendations on merging the 22.26 two boards into one inclusive board that would encompass the 22.27 regulatory authority for all behavioral therapy licensed 22.28 occupations. The recommendations shall include a timeline for 22.29 accomplishing the merger, the possibility of including other 22.30 occupational-related boards, and all necessary legislative 22.31 changes. These recommendations shall be submitted to the 22.32 legislature by January 15, 2004. 22.33 Sec. 26. [TRANSFER OF POWERS AND DUTIES.] 22.34 Effective July 1, 2005, the powers and duties of the 22.35 commissioner of health under Minnesota Statutes, chapter 148C, 22.36 are transferred to the board of behavioral health and therapy 23.1 created under Minnesota Statutes, section 148B.51, pursuant to 23.2 Minnesota Statutes, section 15.039. 23.3 Sec. 27. [APPROPRIATION.] 23.4 $175,000 in fiscal year 2004 and $145,000 in fiscal year 23.5 2005 are appropriated from the state government special revenue 23.6 fund to the board of behavioral health and therapy for the 23.7 purposes of Minnesota Statutes, sections 148B.50 to 148B.593, to 23.8 be available until July 1, 2005. 23.9 Sec. 28. [REVISOR INSTRUCTION.] 23.10 (a) The revisor of statutes shall insert the "board of 23.11 behavioral health and therapy" or "board" wherever "commissioner 23.12 of health" or "commissioner" appears in Minnesota Statutes, 23.13 chapter 148C, and Minnesota Rules, chapter 4747. 23.14 [EFFECTIVE DATE.] This paragraph is effective July 1, 2005. 23.15 (b) The revisor of statutes shall strike the terms 23.16 "unlicensed mental health practitioner" and "the office of 23.17 unlicensed mental health practitioner" from Minnesota Statutes 23.18 and Minnesota Rules. 23.19 [EFFECTIVE DATE.] This paragraph is effective July 1, 2004. 23.20 Sec. 29. [REPEALER.] 23.21 (a) Minnesota Statutes 2002, sections 148B.60; 148B.61; 23.22 148B.63; 148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69; 23.23 148B.70; and 148B.71, are repealed. 23.24 [EFFECTIVE DATE.] This paragraph is effective July 1, 2004. 23.25 (b) Minnesota Statutes 2002, section 148C.01, subdivision 23.26 6, is repealed. 23.27 [EFFECTIVE DATE.] This paragraph is effective July 1, 2005. 23.28 Sec. 30. [EFFECTIVE DATE.] 23.29 This act is effective July 1, 2003.