SF 1328

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

A bill for an act
relating to health; reinstating provisions relating to
voluntary licensure of alcohol and drug counselors;
amending Minnesota Statutes 2004, section 148C.11,
subdivisions 1, 5, 6.

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

Section 1.

Minnesota Statutes 2004, section 148C.11,
subdivision 1, is amended to read:

Subdivision 1.

Other professionals.

(a) Nothing in this
chapter prevents members of other professions or occupations
from performing functions for which they are qualified or
licensed. This exception includes, but is not limited to,
licensed physicians, registered nurses, licensed practical
nurses, licensed psychological practitioners, members of the
clergy, American Indian medicine men and women, licensed
attorneys, probation officers, licensed marriage and family
therapists, deleted text begin licensed deleted text end social workers, licensed professional
counselors, licensed school counselors, registered occupational
therapists or occupational therapy assistants, and until July 1,
2005, individuals providing integrated dual-diagnosis treatment
in adult mental health rehabilitative programs certified by the
Department of Human Services under section 256B.0622 or
256B.0623.

(b) Nothing in this chapter prohibits technicians and
resident managers in programs licensed by the Department of
Human Services from discharging their duties as provided in
Minnesota Rules, chapter 9530.

(c) Any person who is exempt under this section but who
elects to obtain a license under this chapter is subject to this
chapter to the same extent as other licensees.

(d) These persons must not, however, use a title
incorporating the words "alcohol and drug counselor" or
"licensed alcohol and drug counselor" or otherwise hold
themselves out to the public by any title or description stating
or implying that they are engaged in the practice of alcohol and
drug counseling, or that they are licensed to engage in the
practice of alcohol and drug counseling. Persons engaged in the
practice of alcohol and drug counseling are not exempt from the
commissioner's jurisdiction solely by the use of one of the
above titles.

Sec. 2.

Minnesota Statutes 2004, section 148C.11,
subdivision 5, is amended to read:

Subd. 5.

City, county, and state agency alcohol and drug
counselors.

deleted text begin Effective January 1, 2006, city, county, and state
agencies employing alcohol and drug counselors shall be required
to employ licensed alcohol and drug counselors. An alcohol and
drug counselor employed by a city, county, or state agency must
be licensed as an alcohol and drug counselor in accordance with
this chapter. deleted text end new text begin The licensing of city, county, and state agency
alcohol and drug counselors is voluntary while the counselor is
employed by the city, county, or state agency. City, county,
and state agencies employing alcohol and drug counselors are not
required to employ licensed alcohol and drug counselors, nor may
they require their drug and alcohol counselors to be licensed.
new text end

Sec. 3.

Minnesota Statutes 2004, section 148C.11,
subdivision 6, is amended to read:

Subd. 6.

Transition period for hospital and deleted text begin city, county,
and state agency deleted text end new text begin school district new text end alcohol and drug counselors.

new text begin (a) new text end For the period between July 1, 2003, and January 1, 2006,
the commissioner shall grant a license to an individual who is
employed as an alcohol and drug counselor at a Minnesota school
district or hospital deleted text begin , or a city, county, or state agency in
Minnesota, deleted text end if the individual:

(1) was employed as an alcohol and drug counselor at a
school district deleted text begin , deleted text end new text begin or new text end a hospital deleted text begin , or a city, county, or state
agency deleted text end before August 1, 2002;

(2) has 8,000 hours of alcohol and drug counselor work
experience;

(3) has completed a written case presentation and
satisfactorily passed an oral examination established by the
commissioner;

(4) has satisfactorily passed a written examination as
established by the commissioner; and

(5) meets the requirements in section 148C.0351.

new text begin (b) A transition period license granted to an individual
employed as an alcohol and drug counselor at a city, county, or
state agency under Laws 2003, First Special Session chapter 14,
article 5, subdivision 6, is not nullified by the deletion of
those licenses in paragraph (a) in the 2005 regular legislative
session.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final
enactment.
new text end