SF 765

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health occupations; modifying the
Psychology Practice Act; phasing out licensure as a
licensed psychological practitioner; amending
Minnesota Statutes 2004, sections 148.89, subdivision
5; 148.90, subdivision 1; 148.907, by adding a
subdivision; 148.908, subdivision 2, by adding a
subdivision; 148.909; 148.916, subdivision 2; 148.925,
subdivision 6; 148.941, subdivision 2; 148.96,
subdivision 3.

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

Section 1.

Minnesota Statutes 2004, 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 new text begin for any reason new text end , new text begin including new text end 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;

(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. 2.

Minnesota Statutes 2004, section 148.90,
subdivision 1, is amended to read:

Subdivision 1.

Board of psychology.

(a) The Board of
Psychology is created with the powers and duties described in
this section. The board has 11 members who consist of:

(1) three deleted text begin persons deleted text end new text begin individuals new text end licensed as licensed
psychologists who have deleted text begin a deleted text end doctoral deleted text begin degree deleted text end new text begin degrees new text end in psychology;

(2) two deleted text begin persons deleted text end new text begin individuals new text end licensed as licensed
psychologists who have deleted text begin a deleted text end master's deleted text begin degree deleted text end new text begin degrees new text end in psychology;

(3) two psychologists, not necessarily licensed, one with a
doctoral degree in psychology who represents a doctoral training
program in psychology, and one who represents a master's degree
training program in psychology;

(4) one deleted text begin person deleted text end new text begin individual new text end licensed or qualified to be
licensed as new text begin : (i) through December 31, 2010, new text end a new text begin licensed
new text end psychological practitioner new text begin ; and (ii) after December 31, 2010, a
licensed psychologist new text end ; and

(5) three public members.

(b) After the date on which fewer than 30 percent of the
deleted text begin persons deleted text end new text begin individuals new text end licensed by the board as licensed
psychologists qualify for licensure under section 148.907,
subdivision 3, paragraph (b), deleted text begin the first vacancy deleted text end new text begin vacancies new text end filled
under paragraph (a), clause (2), shall be filled by deleted text begin a person deleted text end new text begin an
individual with either a master's or doctoral degree in
psychology new text end licensed or qualified to be licensed as a
licensed deleted text begin psychological practitioner. From this date on, this
position when vacant shall be filled by a person licensed or
qualified to be licensed as a licensed psychological
practitioner deleted text end new text begin psychologist new text end .

(c) After the date on which fewer than 15 percent of the
deleted text begin persons deleted text end new text begin individuals new text end licensed by the board as licensed
psychologists qualify for licensure under section 148.907,
subdivision 3, paragraph (b), deleted text begin the first vacancy deleted text end new text begin vacancies new text end under
paragraph (a), clause (2), deleted text begin for a licensed psychologist deleted text end new text begin shall be
filled by an individual new text end with new text begin either new text end a master's new text begin or doctoral
new text end degree in psychology deleted text begin shall be filled by a deleted text end licensed new text begin or qualified
to be licensed as a licensed new text end psychologist. deleted text begin From this date on,
this position when vacant shall be filled by a person licensed
as a licensed psychologist.
deleted text end

Sec. 3.

Minnesota Statutes 2004, section 148.907, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Converting from a licensed psychological
practitioner to a licensed psychologist. new text end

new text begin Notwithstanding
subdivision 3, to convert from licensure as a licensed
psychological practitioner to licensure as a licensed
psychologist, a licensed psychological practitioner shall have:
new text end

new text begin (1) completed an application provided by the board for
conversion from licensure as a licensed psychological
practitioner to licensure as a licensed psychologist;
new text end

new text begin (2) paid a nonrefundable fee of $500;
new text end

new text begin (3) documented successful completion of two full years, or
the equivalent, of supervised postlicensure employment meeting
the requirements of section 148.925, subdivision 5, as it
relates to preparation for licensure as a licensed psychologist
as follows:
new text end

new text begin (i) for individuals licensed as licensed psychological
practitioners on or before December 31, 2006, the supervised
practice must be completed by December 31, 2010; and
new text end

new text begin (ii) for individuals licensed as licensed psychological
practitioners after December 31, 2006, the supervised practice
must be completed within four years from the date of licensure;
and
new text end

new text begin (4) no unresolved disciplinary action or complaints
pending, or incomplete disciplinary orders or corrective action
agreements in Minnesota or any other jurisdiction.
new text end

Sec. 4.

Minnesota Statutes 2004, section 148.908,
subdivision 2, is amended to read:

Subd. 2.

Requirements for licensure as a licensed
psychological practitioner.

To become licensed by the board as
a licensed psychological practitioner, an applicant shall comply
with the following requirements:

(1) deleted text begin pass an examination in psychology;
deleted text end

deleted text begin (2) pass a professional responsibility examination on the
practice of psychology;
deleted text end

deleted text begin (3) pass any other examinations as required by board rules;
deleted text end

deleted text begin (4) pay nonrefundable fees to the board for applications,
processing, testing, renewals, and materials;
deleted text end

deleted text begin (5) have attained the age of majority, be of good moral
character, and have no unresolved disciplinary action or
complaints pending in the state of Minnesota or any other
jurisdiction; and
deleted text end

deleted text begin (6) deleted text end have earned a doctoral or master's degree or the
equivalent of a master's degree in a doctoral program with a
major in psychology from a regionally accredited educational
institution meeting the standards the board has established by
rule. new text begin The degree requirements must be completed by December 31,
2005;
new text end

new text begin (2) complete an application for admission to the
examination for professional practice in psychology and pay the
nonrefundable application fee by December 31, 2005;
new text end

new text begin (3) complete an application for admission to the
professional responsibility examination and pay the
nonrefundable application fee by December 31, 2005;
new text end

new text begin (4) pass the examination for professional practice in
psychology by December 31, 2005;
new text end

new text begin (5) pass the professional responsibility examination by
December 31, 2006;
new text end

new text begin (6) complete an application for licensure as a licensed
psychological practitioner and pay the nonrefundable application
fee by March 1, 2007; and
new text end

new text begin (7) have attained the age of majority, be of good moral
character, and have no unresolved disciplinary action or
complaints pending in the state of Minnesota or any other
jurisdiction.
new text end

Sec. 5.

Minnesota Statutes 2004, section 148.908, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Termination of licensure. new text end

new text begin Effective December
31, 2011, the licensure of all licensed psychological
practitioners shall be terminated without further notice and
licensure as a licensed psychological practitioner in Minnesota
shall be eliminated.
new text end

Sec. 6.

Minnesota Statutes 2004, section 148.909, is
amended to read:

148.909 LICENSURE FOR VOLUNTEER PRACTICE.

The board, at its discretion, may grant licensure for
volunteer practice to an applicant who:

(1) deleted text begin is a former licensee who deleted text end is completely retired from the
practice of psychology;

(2) has no unresolved disciplinary action or complaints
pending in the state of Minnesota or any other jurisdiction; and

(3) has held a license, certificate, or registration to
practice psychology in any jurisdiction deleted text begin for at least 15 years deleted text end .

Sec. 7.

Minnesota Statutes 2004, section 148.916,
subdivision 2, is amended to read:

Subd. 2.

Psychological consultations.

Notwithstanding
subdivision 1, a nonresident of the state of Minnesota, who is
not seeking licensure in this state, may serve as an expert
witness, new text begin organizational consultant, new text end presenter, or educator
without obtaining guest licensure, provided the person is
appropriately trained, educated, or has been issued a license,
certificate, or registration by another jurisdiction.

Sec. 8.

Minnesota Statutes 2004, section 148.925,
subdivision 6, is amended to read:

Subd. 6.

Supervisee duties.

Individuals preparing for
licensure as a licensed psychologist during their postdegree
supervised employment may perform as part of their training any
functions specified in section 148.89, new text begin subdivision 5, new text end but only
under qualified supervision.

Sec. 9.

Minnesota Statutes 2004, section 148.941,
subdivision 2, is amended to read:

Subd. 2.

Grounds for disciplinary action; forms of
disciplinary action.

(a) The board may impose disciplinary
action as described in paragraph (b) against an applicant or
licensee whom the board, by a preponderance of the evidence,
determines:

(1) has violated a statute, rule, or order that the board
issued or is empowered to enforce;

(2) has engaged in fraudulent, deceptive, or dishonest
conduct, whether or not the conduct relates to the practice of
psychology, that adversely affects the person's ability or
fitness to practice psychology;

(3) has engaged in unprofessional conduct or any other
conduct which has the potential for causing harm to the public,
including any departure from or failure to conform to the
minimum standards of acceptable and prevailing practice without
actual injury having to be established;

(4) has been convicted of or has pled guilty or nolo
contendere to a felony or other crime, an element of which is
dishonesty or fraud, or has been shown to have engaged in acts
or practices tending to show that the applicant or licensee is
incompetent or has engaged in conduct reflecting adversely on
the applicant's or licensee's ability or fitness to engage in
the practice of psychology;

(5) has employed fraud or deception in obtaining or
renewing a license, in requesting approval of continuing
education activities, or in passing an examination;

(6) has had a license, certificate, charter, registration,
privilege to take an examination, or other similar authority
denied, revoked, suspended, canceled, limited, reprimanded, or
otherwise disciplined, or not renewed for cause in any
jurisdiction; or has surrendered or voluntarily terminated a
license or certificate during a board investigation of a
complaint, as part of a disciplinary order, or while under a
disciplinary order;

(7) has been subject to a corrective action or similar
action in another jurisdiction or by another regulatory
authority;

(8) has failed to meet any requirement for the issuance or
renewal of the person's license. The burden of proof is on the
applicant or licensee to demonstrate the qualifications or
satisfy the requirements for a license under the Psychology
Practice Act;

(9) has failed to cooperate with an investigation of the
board as required under subdivision 4;

(10) has demonstrated an inability to practice psychology
with reasonable skill and safety to clients due to any mental or
physical illness or condition; or

(11) has engaged in fee splitting. This clause does not
apply to the distribution of revenues from a partnership, group
practice, nonprofit corporation, or professional corporation to
its partners, shareholders, members, or employees if the
revenues consist only of fees for services performed by the
licensee or under a licensee's administrative authority. This
clause also does not apply to the charging of a general
membership fee by a licensee or applicant to health care
providers, as defined in section 144.335, for participation in a
referral service, provided that the licensee or applicant
discloses in advance to each referred client the financial
nature of the referral arrangement. Fee splitting includes, but
is not limited to:

(i) paying, offering to pay, receiving, or agreeing to
receive a commission, rebate, or remuneration, directly or
indirectly, primarily for the referral of clients;

(ii) dividing client fees with another individual or
entity, unless the division is in proportion to the services
provided and the responsibility assumed by each party;

(iii) referring an individual or entity to any health care
provider, as defined in section 144.335, or for other
professional or technical services in which the referring
licensee or applicant has a significant financial interest
unless the licensee has disclosed the financial interest in
advance to the client; and

(iv) dispensing for profit or recommending any instrument,
test, procedure, or device that for commercial purposes the
licensee or applicant has developed or distributed, unless the
licensee or applicant has disclosed any profit interest in
advance to the client.

(b) If grounds for disciplinary action exist under
paragraph (a), the board may take one or more of the following
actions:

(1) refuse to grant or renew a license;

(2) revoke a license;

(3) suspend a license;

(4) impose limitations or conditions on a licensee's
practice of psychology, including, but not limited to, limiting
the scope of practice to designated competencies, imposing
retraining or rehabilitation requirements, requiring the
licensee to practice under supervision, or conditioning
continued practice on the demonstration of knowledge or skill by
appropriate examination or other review of skill and competence;

(5) censure or reprimand the licensee;

(6) refuse to permit an applicant to take the licensure
examination or refuse to release an applicant's examination
grade if the board finds that it is in the public interest; or

(7) impose a civil penalty not exceeding $7,500 for each
separate violation. The amount of the penalty shall be fixed so
as to deprive the applicant or licensee of any economic
advantage gained by reason of the violation charged, to
discourage repeated violations, or to recover the board's costs
that occur in bringing about a disciplinary order. For purposes
of this clause, costs are limited to legal, paralegal, and
investigative charges billed to the board by the Attorney
General's Office, witness costs, consultant and expert witness
fees, and charges attendant to the use of an administrative law
judge.

(c) In lieu of or in addition to paragraph (b), the board
may require, as a condition of deleted text begin continued deleted text end licensure, termination
of suspension, reinstatement of license, examination, or release
of examination grades, that the applicant or licensee:

(1) submit to a quality review, as specified by the board,
of the applicant's or licensee's ability, skills, or quality of
work;

(2) complete to the satisfaction of the board educational
courses specified by the board; and

(3) reimburse to the board all costs incurred by the board
that are the result of a provider failing, neglecting, or
refusing to fully comply, or not complying in a timely manner,
with any part of the remedy section of a stipulation and consent
order or the corrective action section of an agreement for
corrective action. For purposes of this clause, costs are
limited to legal, paralegal, and investigative charges billed to
the board by the Attorney General's Office, witness costs,
consultant and expert witness fees, and charges attendant to the
use of an administrative law judge.

(d) Service of the order is effective if the order is
served on the applicant, licensee, or counsel of record
personally or by mail to the most recent address provided to the
board for the licensee, applicant, or counsel of record. The
order shall state the reasons for the entry of the order.

Sec. 10.

Minnesota Statutes 2004, section 148.96,
subdivision 3, is amended to read:

Subd. 3.

Requirements for representations to public.

(a)
Unless licensed under sections 148.88 to 148.98, except as
provided in paragraphs (b) through (e), persons shall not
represent themselves or permit themselves to be represented to
the public by:

(1) using any title or description of services
incorporating the words "psychology," "psychological,"
"psychological practitioner," or "psychologist"; or

(2) representing that the person has expert qualifications
in an area of psychology.

(b) Psychologically trained individuals who are employed by
an educational institution recognized by a regional accrediting
organization, by a federal, state, county, or local government
institution, deleted text begin by agencies deleted text end new text begin agency new text end , or deleted text begin by deleted text end research
deleted text begin facilities deleted text end new text begin facility new text end , may represent themselves by the title
designated by that organization provided that the title does not
indicate that the individual is credentialed by the board.

(c) A psychologically trained individual from an
institution described in paragraph (b) may offer lecture
services and is exempt from the provisions of this section.

(d) A person who is preparing for the practice of
psychology under supervision in accordance with board statutes
and rules may be designated as a "psychological intern,"
"psychological trainee," or by other terms clearly describing
the person's training status.

(e) Former licensees who are completely retired from the
practice of psychology may represent themselves using the
descriptions in paragraph (a), clauses (1) and (2), but shall
not represent themselves or allow themselves to be represented
as current licensees of the board.

(f) Nothing in this section shall be construed to prohibit
the practice of school psychology by a person licensed in
accordance with chapters 122A and 129.