SF 289

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to occupations and professions; modifying 
  1.3             licensing requirements for alcohol and drug 
  1.4             counselors; amending Minnesota Statutes 2000, sections 
  1.5             148C.04, subdivisions 3, 4, and 6; and 148C.10, 
  1.6             subdivision 1a. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 148C.04, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [LICENSING REQUIREMENTS FOR THE FIRST FIVE 
  1.11  YEARS.] For five years after the effective date of the rules 
  1.12  authorized in section 148C.03, the applicant, unless qualified 
  1.13  under section 148C.06 during the 25-month period authorized 
  1.14  therein, under section 148C.07, or under subdivision 4, must 
  1.15  furnish evidence satisfactory to the commissioner that the 
  1.16  applicant has met all the requirements in clauses (1) to (3). 
  1.17  The applicant must have: 
  1.18     (1) received an associate degree, or an equivalent number 
  1.19  of credit hours, and a certificate in alcohol and drug 
  1.20  counseling including 270 clock hours of alcohol and drug 
  1.21  counseling classroom education from an accredited school or 
  1.22  educational program and 880 clock hours of supervised alcohol 
  1.23  and drug counseling practicum; 
  1.24     (2) completed a written case presentation and 
  1.25  satisfactorily passed an oral examination that demonstrates 
  1.26  competence in the core functions; and 
  2.1      (3) satisfactorily passed a written examination as 
  2.2   established by the commissioner. 
  2.3      Sec. 2.  Minnesota Statutes 2000, section 148C.04, 
  2.4   subdivision 4, is amended to read: 
  2.5      Subd. 4.  [LICENSING REQUIREMENTS AFTER FIVE YEARS.] 
  2.6   Beginning five years after the effective date of the rules 
  2.7   authorized in section 148C.03, subdivision 1, an applicant for 
  2.8   licensure must submit evidence to the commissioner that the 
  2.9   applicant has met one of the following requirements: 
  2.10     (1) the applicant must have: 
  2.11     (i) received a bachelor's degree from an accredited school 
  2.12  or educational program, including 480 clock hours of alcohol and 
  2.13  drug counseling education from an accredited school or 
  2.14  educational program and 880 clock hours of supervised alcohol 
  2.15  and drug counseling practicum; 
  2.16     (ii) completed a written case presentation and 
  2.17  satisfactorily passed an oral examination that demonstrates 
  2.18  competence in the core functions; and 
  2.19     (iii) satisfactorily passed a written examination as 
  2.20  established by the commissioner; or 
  2.21     (2) the applicant must meet the requirements of section 
  2.22  148C.07. 
  2.23     Sec. 3.  Minnesota Statutes 2000, section 148C.04, 
  2.24  subdivision 6, is amended to read: 
  2.25     Subd. 6.  [TEMPORARY PRACTICE REQUIREMENTS.] (a) A person 
  2.26  may temporarily practice alcohol and drug counseling prior to 
  2.27  being licensed under this chapter if the person: 
  2.28     (1) either: 
  2.29     (i) meets the associate degree education and practicum 
  2.30  requirements of subdivision 3, clause (1); or 
  2.31     (ii) meets the bachelor's degree education and practicum 
  2.32  requirements of subdivision 4, clause (1), item (i); or 
  2.33     (iii) submits verification of a current and unrestricted 
  2.34  credential for the practice of alcohol and drug counseling from 
  2.35  a national certification body or a certification or licensing 
  2.36  body from another state, United States territory, or federally 
  3.1   recognized tribal authority; 
  3.2      (2) within 60 days of meeting the requirements of 
  3.3   subdivision 3, clause (1), or subdivision 4, clause (1), item 
  3.4   (i), requests, in writing, temporary practice status with the 
  3.5   commissioner on an application form according to section 
  3.6   148C.0351, which includes the nonrefundable license fee and an 
  3.7   affirmation by the person's supervisor, as defined in paragraph 
  3.8   (b), clause (1), and which is signed and dated by the person and 
  3.9   the person's supervisor; 
  3.10     (3) has not been disqualified to practice temporarily on 
  3.11  the basis of a background investigation under section 148C.09, 
  3.12  subdivision 1a; and 
  3.13     (4) has been notified in writing by the commissioner that 
  3.14  the person is qualified to practice under this subdivision. 
  3.15     (b) A person practicing under this subdivision: 
  3.16     (1) may practice only in a program licensed by the 
  3.17  department of human services and under the direct, on-site 
  3.18  supervision of a person who is licensed under this chapter and 
  3.19  employed in that licensed program; 
  3.20     (2) is subject to the rules of professional conduct set by 
  3.21  rule; and 
  3.22     (3) is not subject to the continuing education requirements 
  3.23  of section 148C.05; and 
  3.24     (4) must be licensed according to this chapter within 12 
  3.25  months of meeting the requirements of subdivision 3, clause (1), 
  3.26  or subdivision 4, clause (1), item (i). 
  3.27     (c) Upon written request, the commissioner may extend a 
  3.28  person's temporary status if the person practices in a program 
  3.29  described in section 148C.11, subdivision 3, paragraph (b), 
  3.30  clause (2). 
  3.31     (d) A person practicing under this subdivision may not use 
  3.32  with the public any title or description stating or implying 
  3.33  that the person is licensed to engage in the practice of alcohol 
  3.34  and drug counseling. 
  3.35     (d) The temporary status of a person applying for temporary 
  3.36  practice under this subdivision expires on the date the 
  4.1   commissioner grants or denies licensing. 
  4.2      Sec. 4.  Minnesota Statutes 2000, section 148C.10, 
  4.3   subdivision 1a, is amended to read: 
  4.4      Subd. 1a.  [PRACTICE ALLOWED; CERTAIN INDIVIDUALS.] (a) 
  4.5   Notwithstanding subdivision 1, individuals may engage in alcohol 
  4.6   and drug counseling practice only until the commissioner issues 
  4.7   a license or denies the license application, whichever occurs 
  4.8   sooner, provided the individual:  
  4.9      (1) was employed as an alcohol and drug counselor before 
  4.10  January 28, 2000; 
  4.11     (2) is under the supervision of an alcohol and drug 
  4.12  counselor who is licensed under this chapter or employed in a 
  4.13  program licensed by the department of human services; 
  4.14     (3) has not applied and been rejected or denied a license 
  4.15  by the commissioner on any grounds under this chapter, other 
  4.16  than failure to satisfy examination requirements, or on the 
  4.17  basis of an investigation under chapter 148B; and 
  4.18     (4) either:  
  4.19     (i) made application to the commissioner for a license as 
  4.20  an alcohol and drug counselor before January 28, 2000; or 
  4.21     (ii) made application to the administrator of the exam or 
  4.22  exams required by the commissioner before January 28, 2000, 
  4.23  passes the examinations before January 28, 2001 July 1, 2002, 
  4.24  and within 60 90 calendar days of passing the examinations makes 
  4.25  application to the commissioner for a license under this chapter.
  4.26     (b) As used in this subdivision, supervision means 
  4.27  monitoring activities of and accepting legal liability for the 
  4.28  individual practicing without a license. 
  4.29     (c) Practice allowed under this subdivision creates no 
  4.30  rights or expectations of approval from the commissioner for 
  4.31  licensing as an alcohol and drug counselor.  The commissioner 
  4.32  may suspend or restrict practice under this subdivision as 
  4.33  authorized under section 148C.09. 
  4.34     Sec. 5.  [EFFECTIVE DATE.] 
  4.35     Sections 1 to 4 are effective the day following final 
  4.36  enactment.