SF 545

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to health occupations; authorizing licensed doctoral-level psychologists
to provide a final determination not to certify; adding a member appointed by
the Minnesota Psychological Association to the Health Care Reform Review
Council; amending Minnesota Statutes 2008, sections 62M.09, subdivision 3a;
62U.09, subdivision 2; 148.89, subdivision 5.

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

Section 1.

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

Subd. 3a.

Mental health and substance abuse reviews.

new text begin (a) new text end A peer of the treating
mental health or substance abuse provider or a physician must review requests for
outpatient services in which the utilization review organization has concluded that a
determination not to certify a mental health or substance abuse service for clinical reasons
is appropriate, provided that any final determination not to certify treatment is made
by a psychiatrist certified by the American Board of Psychiatry and Neurology and
appropriately licensed in this state new text begin or by a doctoral-level psychologist licensed in this state
if the treating provider is a psychologist new text end .

new text begin (b) new text end Notwithstanding the notification requirements of section 62M.05, a utilization
review organization that has made an initial decision to certify in accordance with the
requirements of section 62M.05 may elect to provide notification of a determination to
continue coverage through facsimile or mail.

new text begin (c) new text end This subdivision does not apply to determinations made in connection with
policies issued by a health plan company that is assessed less than three percent of the
total amount assessed by the Minnesota Comprehensive Health Association.

Sec. 2.

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

Subd. 2.

Members.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 3.

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

Subd. 5.

Practice of psychology.

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

(1) psychological research and teaching of psychology;

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

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

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

(i) mental and emotional disorder or disability;

(ii) alcohol and substance dependence or abuse;

(iii) disorders of habit or conduct;

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

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

(vi) child, family, or relationship issues;

(5) psychoeducational services and treatment; and

(6) consultation and supervision.

Sec. 4. new text begin DEADLINE FOR APPOINTMENT.
new text end

new text begin The Minnesota Psychological Association must complete the appointment required
under section 2 no later than October 1, 2009.
new text end