SF 1675

as introduced - 94th Legislature (2025 - 2026) Posted on 03/07/2025 09:05am

A bill for an act
relating to health professions; establishing licensure for clinical art therapists;
modifying the membership of the Board of Behavioral Health and Therapy;
imposing fees and civil penalties; appropriating money; amending Minnesota
Statutes 2024, sections 148B.51; 245I.04, subdivision 2; proposing coding for new
law in Minnesota Statutes, chapter 148B.

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

Section 1.

Minnesota Statutes 2024, section 148B.51, is amended to read:

148B.51 BOARD OF BEHAVIORAL HEALTH AND THERAPY.

(a) The Board of Behavioral Health and Therapy consists of deleted text begin 13 deleted text end new text begin 18 new text end members appointed
by the governor. Five of the members shall be professional counselors licensed or eligible
for licensure under sections 148B.50 to 148B.593. Five of the members shall be alcohol
and drug counselors licensed under chapter 148F. new text begin Five of the members shall be clinical art
therapists licensed under sections 148B.80 to 148B.95. new text end Three of the members shall be public
members as defined in section 214.02. The board shall annually elect from its membership
a chair and vice-chair. The board shall appoint and employ an executive director who is not
a member of the board. The employment of the executive director shall be subject to the
terms described in section 214.04, subdivision 2a. Chapter 214 applies to the Board of
Behavioral Health and Therapy unless superseded by sections 148B.50 to 148B.593.

(b) At the time of their appointments, at least three members must reside outside of the
seven-county metropolitan area.

(c) At the time of their appointments, at least three members must be members of:

(1) a community of color; or

(2) an underrepresented community, defined as a group that is not represented in the
majority with respect to race, ethnicity, national origin, sexual orientation, gender identity,
or physical ability.

Sec. 2.

new text begin [148B.80] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 148B.80 to 148B.95, the terms in this
section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Accredited educational institution. new text end

new text begin "Accredited educational institution" means
a university or college accredited by the Commission on Accreditation of Allied Health
Education Programs, another nationally recognized accrediting agency of institutions of
higher education, or an institution and clinical program approved by the American Art
Therapy Association.
new text end

new text begin Subd. 3. new text end

new text begin Art therapy. new text end

new text begin "Art therapy" means an evidenced-based clinical practice that
integrates and applies psychotherapeutic principles, techniques, and methods with specialized
training in art therapy theory, art media, the neurobiological implications of art making, the
creative process, and art-based assessment models to assist an individual, family, or group
to:
new text end

new text begin (1) alleviate mental and emotional disorders and psychopathologies;
new text end

new text begin (2) improve cognitive and sensory-motor functions;
new text end

new text begin (3) increase self-awareness and self-esteem;
new text end

new text begin (4) cope with grief and traumatic experiences;
new text end

new text begin (5) resolve conflicts and distress; and
new text end

new text begin (6) enhance daily functioning in a professional relationship.
new text end

new text begin Subd. 4. new text end

new text begin Art therapy services. new text end

new text begin "Art therapy services" means providing services to
accomplish art therapy goals, which includes using art media, creative techniques, nonverbal
communication, psychotherapy, art-based assessment models, and the creative process in
a therapeutic relationship between a licensed clinical art therapist or a provisional licensed
clinical art therapist and their clients. Art therapy services also includes using evaluation
and assessment to define and implement goals to address developmental, rehabilitative,
habilitative, mental health, preventive, wellness care, or educational needs of the clients.
new text end

new text begin Subd. 5. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Behavioral Health and Therapy established
in section 148B.51.
new text end

new text begin Subd. 6. new text end

new text begin Certified art therapist. new text end

new text begin "Certified art therapist" means a person who holds the
registered art therapist with board certification (ATR-BC) credential in good standing with
the Art Therapy Credentials Board or a substantially similar successor credentialing
organization.
new text end

new text begin Subd. 7. new text end

new text begin Clinical art therapy. new text end

new text begin "Clinical art therapy" means the application of art therapy
services and clinical decision-making skills in the evaluation, assessment, diagnosis,
prevention, treatment, and amelioration of mental, developmental, behavioral, and emotional
disorders and conditions in children, adolescents, and adults. Clinical art therapy also includes
the utilization of appropriate knowledge and specialized training in art therapy to inform
and determine the appropriate course of action within the clinician's scope of art therapy
practice while tailored to the context of each specific clinical setting.
new text end

new text begin Subd. 8. new text end

new text begin Licensed clinical art therapist. new text end

new text begin "Licensed clinical art therapist" means a person
who is licensed by the board and meets the requirements of section 148B.84.
new text end

new text begin Subd. 9. new text end

new text begin Privileged communication. new text end

new text begin "Privileged communication" means any information,
including but not limited to client records, artwork, verbal or artistic expressions, assessment
results, or assessment interpretations developed during a professional relationship between
a clinical art therapist and a client.
new text end

new text begin Subd. 10. new text end

new text begin Provisional licensed clinical art therapist. new text end

new text begin "Provisional licensed clinical art
therapist" means a person who has been issued a provisional license by the board and meets
the requirements under section 148B.85.
new text end

new text begin Subd. 11. new text end

new text begin Student. new text end

new text begin "Student" means a person who is enrolled in an art therapy academic
program at an accredited educational institution or who is engaged in the practice of art
therapy in a supervised practicum or internship as part of an approved course of professional
education in art therapy.
new text end

new text begin Subd. 12. new text end

new text begin Supervised experience. new text end

new text begin "Supervised experience" means the regular oversight
of the functions and activities of a graduate art therapy student, either as part of an internship
or practicum experience by a qualified art therapy supervisor as defined in section 148B.89,
subdivision 2.
new text end

new text begin Subd. 13. new text end

new text begin Supervision. new text end

new text begin "Supervision" means a formalized professional relationship
between a qualified art therapy supervisor, as defined in section 148B.89, and supervisee
in which the qualified art therapy supervisor directs, guides, monitors, instructs, and evaluates
the supervisee's professional art therapy practice while promoting the development of the
supervisee's knowledge, skills, and abilities to provide professional art therapy services in
an ethical and competent manner.
new text end

Sec. 3.

new text begin [148B.81] DUTIES OF THE BOARD; ART THERAPY.
new text end

new text begin The board shall exercise the following duties:
new text end

new text begin (1) adopt rules necessary to implement sections 148B.80 to 148B.95;
new text end

new text begin (2) prescribe licensure application forms and issue licenses to individuals who are
qualified under sections 148B.80 to 148B.95;
new text end

new text begin (3) establish and implement procedures designed to assure that licensed clinical art
therapists comply with the provisions of sections 148B.80 to 148B.95;
new text end

new text begin (4) establish and implement requirements and procedures for renewal of clinical art
therapist licenses and provisional clinical art therapist licenses in accordance with the
provisions of sections 148B.80 to 148B.95; and
new text end

new text begin (5) establish and implement continuing education requirements for licensed clinical art
therapists in accordance with section 148B.88.
new text end

Sec. 4.

new text begin [148B.82] SCOPE OF PRACTICE.
new text end

new text begin The practice of clinical art therapy includes:
new text end

new text begin (1) implementing art therapy services, including evaluation, assessment, diagnosis,
treatment planning, intervention, and referral;
new text end

new text begin (2) developing an individualized art therapy treatment plan to address the cognitive,
developmental, behavioral, and emotional disorders of a client;
new text end

new text begin (3) systematically evaluating and comparing the individual's response to the individualized
art therapy treatment plan and suggesting modifications, as appropriate;
new text end

new text begin (4) using therapeutic interventions to facilitate alternative modes of receptive and
expressive communication therapeutic interventions that can circumvent the limitations of
verbal articulation;
new text end

new text begin (5) using treatment interventions that include psychotherapy or counseling integrated
with art therapy theory, the creative process, or art media to facilitate human development
and to identify and remediate mental, emotional, or behavioral disorders and associated
distress that interferes with daily functioning;
new text end

new text begin (6) using art media, the creative process, and the resulting artwork to assist clients in
coping with and reducing psychiatric symptoms and posttraumatic stress; enhancing
neurological, cognitive, and verbal abilities; and promoting appropriate skills development;
new text end

new text begin (7) crisis intervention; and
new text end

new text begin (8) art-based treatments that effectively respond to multicultural and diverse populations.
new text end

Sec. 5.

new text begin [148B.83] UNAUTHORIZED PRACTICE; TITLE PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Unlicensed practice prohibited. new text end

new text begin Effective July 1, 2025, no person shall
practice clinical art therapy unless the person is licensed as a clinical art therapist or as a
provisional licensed clinical art therapist pursuant to sections 148B.80 to 148B.95, except
as otherwise provided.
new text end

new text begin Subd. 2. new text end

new text begin Protected titles. new text end

new text begin No person shall use the title "clinical art therapist," "licensed
clinical art therapist," "licensed art therapist," or "provisional licensed art therapist" or the
abbreviations "LCAT" or "LCAT-P" or any words, letters, abbreviations, or insignia
indicating or implying the person is licensed by the state as a clinical art therapist or is
eligible for licensure as a clinical art therapist unless the person is licensed in accordance
with sections 148B.80 to 148B.95.
new text end

new text begin Subd. 3. new text end

new text begin Sanctions. new text end

new text begin Any person who violates a provision of this section is guilty of a
misdemeanor and is subject to sanctions or actions according to section 214.11.
new text end

new text begin Subd. 4. new text end

new text begin Exceptions. new text end

new text begin Nothing in this section prevents:
new text end

new text begin (1) the practice of art therapy by students or interns or individuals preparing for the
practice of art therapy under qualified supervision of a professional who is recognized and
approved by the board in an educational institution or agency as part of an accredited
educational institution in graduate art therapy, provided such students, interns, or individuals
are designated by titles such as "student," "trainee," "intern," or other titles clearly indicating
their training status; or
new text end

new text begin (2) qualified individuals from doing work within the standards, scope, and ethics of their
respective professions and callings provided the individuals do not hold themselves out to
the public by any title, initials, or description of services as being a licensed clinical art
therapist or a provisional licensed clinical art therapist.
new text end

Sec. 6.

new text begin [148B.84] REQUIREMENTS FOR LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin To be licensed as a clinical art therapist, an
applicant must submit an application on a form prescribed by the board and provide evidence
to the board that the applicant:
new text end

new text begin (1) is at least 18 years of age;
new text end

new text begin (2) is of good moral character;
new text end

new text begin (3) received a master's or doctoral degree in art therapy that includes at least 700 hours
of supervised internship experience from an accredited educational institution at the time
of graduation;
new text end

new text begin (4) received a master's or doctoral degree or higher in a related field, including but not
limited to psychology, counseling, social work, or creative arts therapies, from an accredited
educational institution and:
new text end

new text begin (i) completed a minimum of 30 graduate credit hours in the following subject areas:
theory and practice of art therapy, art therapy media and techniques, history of art therapy,
human growth and development, dynamics in art, application of art therapy with people in
different treatment settings, art therapy appraisal, diagnosis and assessment, group art
therapy, ethical and legal issues of art therapy practice, matters of cultural and social diversity
affecting the practice of art therapy, and standards of good art therapy practice; and
new text end

new text begin (ii) completed at least 700 hours of supervised internship experience;
new text end

new text begin (5) has demonstrated competence in clinical art therapy by passing the Board Certification
Examination administered by the Art Therapy Credentials Board;
new text end

new text begin (6) completed 4,000 hours of supervised, post-master's degree professional experience
in the delivery of clinical art therapy; and
new text end

new text begin (7) submitted all applicable fees as required under section 148B.95.
new text end

new text begin Subd. 2. new text end

new text begin Transition period. new text end

new text begin (a) Until July 1, 2027, the board may waive the requirements
of subdivision 1, clauses (3), (4), and (6), and issue a clinical art therapist license to an
applicant who provides satisfactory evidence to the board that the applicant:
new text end

new text begin (1) holds a credential in good standing as a certified art therapist; and
new text end

new text begin (2) has at least five years of full-time experience in the practice of clinical art therapy.
new text end

Sec. 7.

new text begin [148B.85] PROVISIONAL LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin (a) The board may issue a provisional license to practice
clinical art therapy if the applicant submits an application on a form prescribed by the board
and submits to the board:
new text end

new text begin (1) satisfactory evidence that the applicant meets the requirements of section 148B.84,
subdivision l, clauses (1) to (4); and
new text end

new text begin (2) the applicable fees required under section 148B.95.
new text end

new text begin (b) An applicant seeking a provisional license under this section must submit with the
application a plan for supervised clinical experience that meets the requirements described
in section 148B.89. Upon any change in the supervision plan, a provisional licensee shall
submit to the board a revised plan for supervised clinical practice that continues to meet the
requirements of section 148B.89.
new text end

new text begin (c) A provisional licensed clinical art therapist practicing under this section:
new text end

new text begin (1) must use the title "Provisional Licensed Clinical Art Therapist" or the abbreviation
"LCAT-P" in professional activities; and
new text end

new text begin (2) is subject to all statutes and rules to the same extent as an individual who is licensed
under section 148B.84, except the individual is not subject to the continuing education
requirements of section 148B.88.
new text end

new text begin Subd. 2. new text end

new text begin Renewal of provisional license. new text end

new text begin (a) A provisional licensed clinical art therapist
practicing with a provisional license must renew the provisional license annually in
accordance with section 148B.87, with the exception of the submitting attestation of
completing continuing education requirements.
new text end

new text begin (b) A provisional license is automatically terminated if not renewed as required under
this subdivision or upon the granting or denial by the board of the applicant's application
for licensure as a clinical art therapist.
new text end

new text begin (c) A provisional license must not be renewed more than five times.
new text end

Sec. 8.

new text begin [148B.86] LICENSURE BY RECIPROCITY.
new text end

new text begin The board shall issue a clinical art therapist license to an individual who holds a current
license as a clinical art therapist or its equivalent from another jurisdiction if the board
determines that the standards for licensure in the other jurisdiction are at least equivalent
to or exceed the requirements of section 148B.84.
new text end

Sec. 9.

new text begin [148B.87] LICENSE RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Renewal. new text end

new text begin A licensee must annually renew a license issued by the board
by submitting a complete renewal application, paying the required renewal fee under section
148B.95, and attesting to the completion of the continuing education requirements under
section 148B.88.
new text end

new text begin Subd. 2. new text end

new text begin Notice of renewal. new text end

new text begin The board shall send a licensee a renewal notice. The board
shall send the notice to the licensee's last known address on record with the board. The
board may send the notice electronically.
new text end

new text begin Subd. 3. new text end

new text begin Receipt of renewal. new text end

new text begin A licensee must send the renewal application to the board
so that the application is postmarked or electronic renewal is completed on or before the
expiration date of the current license.
new text end

new text begin Subd. 4. new text end

new text begin Late fee. new text end

new text begin A licensee must pay a late fee in accordance with section 148B.95 if
the licensee's renewal application is postmarked or received by the board after the expiration
date of the license, but is postmarked or received by the board within 30 days after the
license expiration date.
new text end

new text begin Subd. 5. new text end

new text begin Failure to renew. new text end

new text begin If the licensee fails to submit the renewal application, the
required continuing education information, or the renewal and late renewal fees within 30
days after the license expiration date, the licensee's license expires and the licensee's right
to practice terminates.
new text end

Sec. 10.

new text begin [148B.88] CONTINUING EDUCATION.
new text end

new text begin Licensees must complete 40 hours of board-approved continuing education every two
years. Of the 40 hours, at least 20 hours must involve content related to the practice of art
therapy and at least:
new text end

new text begin (1) three hours must involve ethical and professional studies education including but
not limited to professional ethics, legal issues, and interprofessional cooperation; and
new text end

new text begin (2) three hours must involve cultural responsiveness by increasing knowledge,
understanding, self-awareness, and practice skills to serve clients from diverse
socioeconomic, social, and cultural backgrounds. Topics include but are not limited to:
new text end

new text begin (i) understanding culture, culture's functions, and strengths that exist in varied cultures;
new text end

new text begin (ii) understanding clients' cultures and differences among and between cultural groups;
new text end

new text begin (iii) understanding the nature of intersectionality, social diversity, and oppression; and
new text end

new text begin (iv) understanding cultural humility.
new text end

Sec. 11.

new text begin [148B.89] SUPERVISED EXPERIENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Supervision requirements. new text end

new text begin (a) To qualify as a licensed clinical art
therapist, an applicant must complete 4,000 hours of post-master's degree supervised work
or volunteer experience in the delivery of clinical art therapy services in the diagnosis and
treatment of mental illnesses and disorders in both children and adults. The supervised
experience must meet the requirements in paragraphs (b) to (f).
new text end

new text begin (b) The first 2,000 hours of supervised experience must involve clinical practice of art
therapy with supervision by a qualified art therapy supervisor approved by the board in
accordance with subdivision 2. The second 2,000 hours of supervision may be provided by
either a qualified art therapy supervisor or a qualified licensed mental health professional
as determined by the board.
new text end

new text begin (c) An individual must obtain supervision hours at the rate of two hours of supervision
per 40 hours of professional experience. Supervision must be evenly distributed over the
course of the supervised professional experience. At least 75 percent of the required
supervision hours must be received in person or through real-time, two-way interactive
audio and visual communication. The board must allow an applicant to satisfy this supervision
requirement with all required hours of supervision received through real-time, two-way
interactive audio and visual communication. The remaining 25 percent of the required hours
may be received by telephone or by audio or audiovisual electronic device. At least 50
percent of the required hours of supervision must be received on an individual basis. The
remaining 50 percent of the required hours may be received in a group setting.
new text end

new text begin (d) The supervised experience must be in clinical practice and must include at least 1,800
hours of clinical client contact.
new text end

new text begin (e) An individual must complete qualifying supervised experience in no fewer than 24
consecutive months and no more than 72 consecutive months.
new text end

new text begin (f) A doctoral internship may be applied toward the required postgraduate supervised
experience.
new text end

new text begin Subd. 2. new text end

new text begin Qualified art therapy supervisors. new text end

new text begin (a) The following individuals are eligible
for approval by the board as a qualified art therapy supervisor: an art therapy certified
supervisor (ATCS), a licensed clinical art therapist (LCAT), a licensed marriage and family
therapist who is a certified art therapist, a licensed professional clinical counselor who is a
certified art therapist, and a certified art therapist (ATR-BC).
new text end

new text begin (b) To be approved by the board as a qualified art therapy supervisor, an individual must
submit an application on a form prescribed by the board with the following:
new text end

new text begin (1) a letter of recommendation from a licensed clinical art therapist or a certified art
therapist attesting to the individual's competence to provide art therapy supervision;
new text end

new text begin (2) evidence of completion of at least two years of postlicensure professional experience;
and
new text end

new text begin (3) evidence of the successful completion of a graduate level course in clinical supervision
of at least three semester credit hours, or credit equivalent from an accredited college or
university, or a minimum of 45 continuing education credits involving courses or training
in clinical supervision and art therapy supervision. At least six credits must be in clinical
art therapy supervision.
new text end

new text begin (c) Notwithstanding paragraph (a), the board may approve an applicant as a qualified
art therapy supervisor if the applicant demonstrates competence in supervising individuals
practicing clinical art therapy by providing documentation satisfactory to the board that the
applicant has:
new text end

new text begin (1) provided supervision for persons providing clinical art therapy during a period of at
least 36 consecutive months as part of a master's degree program in art therapy approved
by the American Art Therapy Association; or
new text end

new text begin (2) completed at least 500 hours of experience as a clinical or academic qualified art
therapy supervisor under paragraph (a).
new text end

new text begin (d) Paragraph (c) expires July 1, 2030.
new text end

Sec. 12.

new text begin [148B.90] REFUSAL TO GRANT LICENSE; SUSPENSION OR
REVOCATION OF LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Ground for action. new text end

new text begin The board may refuse to grant a license to, or may
suspend, revoke, condition, limit, qualify, or restrict the license of, any individual who the
board, after a hearing under the contested case provisions of chapter 14, determines:
new text end

new text begin (1) is incompetent to practice clinical art therapy, or is found to engage in the practice
of clinical art therapy in a manner harmful or dangerous to a client or to the public;
new text end

new text begin (2) is convicted by a court of competent jurisdiction of a crime that the board determines
is of a nature to render the convicted person unfit to practice clinical art therapy;
new text end

new text begin (3) has engaged in unprofessional conduct that fails to conform to minimum standards
of acceptable and prevailing practice necessary for the protection of the public;
new text end

new text begin (4) has obtained or attempted to obtain a license or license renewal by bribery or
fraudulent representation;
new text end

new text begin (5) has knowingly made a false statement on a form required by the board for licensing
or license renewal; or
new text end

new text begin (6) has failed to obtain continuing education credits required by the board.
new text end

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

new text begin (1) refuse to grant or renew a license;
new text end

new text begin (2) revoke a license;
new text end

new text begin (3) suspend a license;
new text end

new text begin (4) impose limitations or conditions on a licensee's practice of clinical art therapy,
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;
new text end

new text begin (5) censure or reprimand the licensee;
new text end

new text begin (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
new text end

new text begin (7) impose a civil penalty not exceeding $10,000 for each separate violation, the amount
of the civil penalty to be fixed so as to deprive the applicant or licensee of any economic
advantage gained by reason of the violation charged, to discourage similar violations, or to
reimburse the board for the cost of the investigation and proceeding, including but not
limited to fees paid for services provided by the Office of Administrative Hearings, legal
and investigative services provided by the Office of the Attorney General, court reporters,
witnesses, reproduction of records, board members' per diem compensation, board staff
time, and travel costs and expenses incurred by board staff and board members.
new text end

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

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

new text begin (2) complete, to the satisfaction of the board, educational courses specified by the board.
new text end

new text begin (d) The board may also refer a licensee, if appropriate, to the health professionals services
program described in sections 214.31 to 214.37.
new text end

new text begin Subd. 2. new text end

new text begin Restoring a license. new text end

new text begin For reasons the board considers sufficient and upon a vote
of five of its members, the board may restore a license, reduce a period of suspension, or
withdraw a reprimand.
new text end

Sec. 13.

new text begin [148B.91] COMPLAINTS; INVESTIGATION.
new text end

new text begin Clinical art therapists licensed under sections 148B.80 to 148B.95 are subject to section
148B.371.
new text end

Sec. 14.

new text begin [148B.92] DUTY TO MAINTAIN CURRENT INFORMATION.
new text end

new text begin All individuals licensed as clinical art therapists, all individuals with provisional licenses,
and all applicants for licensure must notify the board within 30 days of the occurrence of
any of the following:
new text end

new text begin (1) a change of name, address, place of employment, and home or business telephone
number; and
new text end

new text begin (2) a change in any other application information.
new text end

Sec. 15.

new text begin [148B.93] NONTRANSFERABILITY OF LICENSES.
new text end

new text begin A clinical art therapist license or a provisional clinical art therapist license is not
transferable.
new text end

Sec. 16.

new text begin [148B.94] PRIVILEGED COMMUNICATION; EXCEPTIONS.
new text end

new text begin A person licensed under sections 148B.80 to 148B.95 and employees and professional
associates of the licensed person cannot be required to disclose any privileged communication
that the person, employee, or associate may have acquired in rendering clinical art therapy
services, unless:
new text end

new text begin (1) disclosure is required by other state laws;
new text end

new text begin (2) failure to disclose the information presents a clear and present danger to the health
or safety of an individual;
new text end

new text begin (3) the person, employee, or associate is a party defendant to a civil, criminal, or
disciplinary action arising from the therapy, in which case a waiver of the privilege accorded
by this section is limited to that action;
new text end

new text begin (4) the patient is a defendant in a criminal proceeding and the use of the privilege would
violate the defendant's right to a compulsory process or the right to present testimony and
witnesses on that person's behalf; and
new text end

new text begin (5) a patient agrees to a waiver of the privilege accorded by this section, and in
circumstances where more than one person in a family is receiving therapy, each family
member agrees to the waiver. Absent a waiver from each family member, a licensed clinical
art therapist or a provisional licensed clinical art therapist must not disclose information
received by a family member.
new text end

Sec. 17.

new text begin [148B.95] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin All individuals licensed as clinical art therapists, all individuals
with provisional licenses, and all applicants for licensure shall pay fees as follows:
new text end

new text begin (1) initial licensure and application fee for provisional licensed clinical art therapist,
$100;
new text end

new text begin (2) initial licensure and application fee for licensed clinical art therapist, $250;
new text end

new text begin (3) annual renewal of provisional licensure fee, $50;
new text end

new text begin (4) annual renewal of clinical art therapist licensure fee, $200;
new text end

new text begin (5) late fee, $100 per month or portion thereof;
new text end

new text begin (6) sponsor application for approval of a continuing education course fee, $60;
new text end

new text begin (7) duplicate certificate fee, $25; and
new text end

new text begin (8) certificate of good standing or license verification, $25.
new text end

new text begin Subd. 2. new text end

new text begin Proration of fees. new text end

new text begin If a licensee's initial license term is less than 12 months, the
board may prorate the initial license fee. All licensees must pay the full fee upon license
renewal.
new text end

new text begin Subd. 3. new text end

new text begin Nonrefundable fees. new text end

new text begin All fees are nonrefundable.
new text end

new text begin Subd. 4. new text end

new text begin Deposit of fees. new text end

new text begin Fees collected by the board under this section shall be deposited
in the state government special revenue fund.
new text end

Sec. 18.

Minnesota Statutes 2024, section 245I.04, subdivision 2, is amended to read:

Subd. 2.

Mental health professional qualifications.

The following individuals may
provide services to a client as a mental health professional:

(1) a registered nurse who is licensed under sections 148.171 to 148.285 and is certified
as a: (i) clinical nurse specialist in child or adolescent, family, or adult psychiatric and
mental health nursing by a national certification organization; or (ii) nurse practitioner in
adult or family psychiatric and mental health nursing by a national nurse certification
organization;

(2) a licensed independent clinical social worker as defined in section 148E.050,
subdivision 5;

(3) a psychologist licensed by the Board of Psychology under sections 148.88 to 148.98;

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

(5) a marriage and family therapist licensed under sections 148B.29 to 148B.392; deleted text begin or
deleted text end

(6) a licensed professional clinical counselor licensed under section 148B.5301 new text begin ; or
new text end

new text begin (7) a licensed clinical art therapist licensed under sections 148B.80 to 148B.95 new text end .

Sec. 19. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the state
government special revenue fund to the Board of Behavioral Health and Therapy for the
implementation of Minnesota Statutes, sections 148B.80 to 148B.95.
new text end