SF 1362

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

A bill for an act
relating to human services; expanding the definition
of mental health professional; amending Minnesota
Statutes 2004, sections 245.462, subdivision 18;
245.4871, subdivision 27; 256B.0623, subdivision 5.

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

Section 1.

Minnesota Statutes 2004, section 245.462,
subdivision 18, is amended to read:

Subd. 18.

Mental health professional.

"Mental health
professional" means a person providing clinical services in the
treatment of mental illness who is qualified in at least one of
the following ways:

(1) in psychiatric nursing: a registered nurse who is
licensed under sections 148.171 to 148.285; and:

(i) who is certified as a clinical specialist or as a nurse
practitioner in adult or family psychiatric and mental health
nursing by a national nurse certification organization; or

(ii) who has a master's degree in nursing or one of the
behavioral sciences or related fields from an accredited college
or university or its equivalent, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness;

(2) in clinical social work: a person licensed as an
independent clinical social worker under section 148B.21,
subdivision 6, or a person with a master's degree in social work
from an accredited college or university, with at least 4,000
hours of post-master's supervised experience in the delivery of
clinical services in the treatment of mental illness;

(3) in psychology: an individual licensed by the Board of
Psychology under sections 148.88 to 148.98 who has stated to the
Board of Psychology competencies in the diagnosis and treatment
of mental illness;

(4) in psychiatry: a physician licensed under chapter 147
and certified by the American Board of Psychiatry and Neurology
or eligible for board certification in psychiatry;

(5) in marriage and family therapy: the mental health
professional must be a marriage and family therapist licensed
under sections 148B.29 to 148B.39 with at least two years of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness; deleted text begin or
deleted text end

(6) new text begin in professional counseling, the mental health
professional must be a licensed professional counselor licensed
under sections 148B.50 to 148B.593 with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness; or
new text end

new text begin (7) new text end in allied fields: a person with a master's degree from
an accredited college or university in one of the behavioral
sciences or related fields, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness.

Sec. 2.

Minnesota Statutes 2004, section 245.4871,
subdivision 27, is amended to read:

Subd. 27.

Mental health professional.

"Mental health
professional" means a person providing clinical services in the
diagnosis and treatment of children's emotional disorders. A
mental health professional must have training and experience in
working with children consistent with the age group to which the
mental health professional is assigned. A mental health
professional must be qualified in at least one of the following
ways:

(1) in psychiatric nursing, the mental health professional
must be a registered nurse who is licensed under sections
148.171 to 148.285 and who is certified as a clinical specialist
in child and adolescent psychiatric or mental health nursing by
a national nurse certification organization or who has a
master's degree in nursing or one of the behavioral sciences or
related fields from an accredited college or university or its
equivalent, with at least 4,000 hours of post-master's
supervised experience in the delivery of clinical services in
the treatment of mental illness;

(2) in clinical social work, the mental health professional
must be a person licensed as an independent clinical social
worker under section 148B.21, subdivision 6, or a person with a
master's degree in social work from an accredited college or
university, with at least 4,000 hours of post-master's
supervised experience in the delivery of clinical services in
the treatment of mental disorders;

(3) in psychology, the mental health professional must be
an individual licensed by the board of psychology under sections
148.88 to 148.98 who has stated to the board of psychology
competencies in the diagnosis and treatment of mental disorders;

(4) in psychiatry, the mental health professional must be a
physician licensed under chapter 147 and certified by the
American board of psychiatry and neurology or eligible for board
certification in psychiatry;

(5) in marriage and family therapy, the mental health
professional must be a marriage and family therapist licensed
under sections 148B.29 to 148B.39 with at least two years of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental disorders or emotional
disturbances; deleted text begin or
deleted text end

(6) new text begin in professional counseling, the mental health
professional must be a licensed professional counselor licensed
under sections 148B.50 to 148B.593 with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental disorders or emotional
disturbances; or
new text end

new text begin (7) new text end in allied fields, the mental health professional must
be a person with a master's degree from an accredited college or
university in one of the behavioral sciences or related fields,
with at least 4,000 hours of post-master's supervised experience
in the delivery of clinical services in the treatment of
emotional disturbances.

Sec. 3.

Minnesota Statutes 2004, section 256B.0623,
subdivision 5, is amended to read:

Subd. 5.

Qualifications of provider staff.

Adult
rehabilitative mental health services must be provided by
qualified individual provider staff of a certified provider
entity. Individual provider staff must be qualified under one
of the following criteria:

(1) a mental health professional as defined in section
245.462, subdivision 18, clauses (1) to deleted text begin (5) deleted text end new text begin (6) new text end . If the
recipient has a current diagnostic assessment by a licensed
mental health professional as defined in section 245.462,
subdivision 18, clauses (1) to (5), recommending receipt of
adult mental health rehabilitative services, the definition of
mental health professional for purposes of this section includes
a person who is qualified under section 245.462, subdivision 18,
clause deleted text begin (6) deleted text end new text begin (7) new text end , and who holds a current and valid national
certification as a certified rehabilitation counselor or
certified psychosocial rehabilitation practitioner;

(2) a mental health practitioner as defined in section
245.462, subdivision 17. The mental health practitioner must
work under the clinical supervision of a mental health
professional; or

(3) a mental health rehabilitation worker. A mental health
rehabilitation worker means a staff person working under the
direction of a mental health practitioner or mental health
professional and under the clinical supervision of a mental
health professional in the implementation of rehabilitative
mental health services as identified in the recipient's
individual treatment plan who:

(i) is at least 21 years of age;

(ii) has a high school diploma or equivalent;

(iii) has successfully completed 30 hours of training
during the past two years in all of the following areas:
recipient rights, recipient-centered individual treatment
planning, behavioral terminology, mental illness, co-occurring
mental illness and substance abuse, psychotropic medications and
side effects, functional assessment, local community resources,
adult vulnerability, recipient confidentiality; and

(iv) meets the qualifications in subitem (A) or (B):

(A) has an associate of arts degree in one of the
behavioral sciences or human services, or is a registered nurse
without a bachelor's degree, or who within the previous ten
years has:

(1) three years of personal life experience with serious
and persistent mental illness;

(2) three years of life experience as a primary caregiver
to an adult with a serious mental illness or traumatic brain
injury; or

(3) 4,000 hours of supervised paid work experience in the
delivery of mental health services to adults with a serious
mental illness or traumatic brain injury; or

(B)(1) is fluent in the non-English language or competent
in the culture of the ethnic group to which at least 20 percent
of the mental health rehabilitation worker's clients belong;

(2) receives during the first 2,000 hours of work, monthly
documented individual clinical supervision by a mental health
professional;

(3) has 18 hours of documented field supervision by a
mental health professional or practitioner during the first 160
hours of contact work with recipients, and at least six hours of
field supervision quarterly during the following year;

(4) has review and cosignature of charting of recipient
contacts during field supervision by a mental health
professional or practitioner; and

(5) has 40 hours of additional continuing education on
mental health topics during the first year of employment.