SF 1799

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

A bill for an act
relating to health occupations; modifying the
transition period for licensure for hospital and city,
county, and state agency alcohol and drug counselors;
establishing licensure for certain licensed
professionals; increasing the temporary permit fee;
amending Minnesota Statutes 2004, sections 148C.04,
subdivisions 4, 6; 148C.10, subdivision 2; 148C.11,
subdivisions 1, 4, 5, 6; 148C.12, subdivision 3.

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

Section 1.

Minnesota Statutes 2004, section 148C.04,
subdivision 4, is amended to read:

Subd. 4.

Requirements for licensure after july 1, 2008.

An applicant for a license must submit evidence to the
commissioner that the applicant has met one of the following
requirements:

(1) the applicant must have:

(i) received a bachelor's degree from an accredited school
or educational program, including 18 semester credits or 270
clock hours of academic course work in accordance with
subdivision 5a, paragraph (a), from an accredited school or
educational program and 880 clock hours of supervised alcohol
and drug counseling practicum;

(ii) completed a written case presentation and
satisfactorily passed an oral examination established by the
commissioner that demonstrates competence in the core functions new text begin ,
submitted to the commissioner a plan for supervision during the
first 2,000 hours of professional practice, or submitted proof
of supervised professional practice that is acceptable to the
commissioner new text end ; and

(iii) satisfactorily passed a written examination as
established by the commissioner; or

(2) the applicant must meet the requirements of section
148C.07.

Sec. 2.

Minnesota Statutes 2004, section 148C.04,
subdivision 6, is amended to read:

Subd. 6.

Temporary permit requirements.

(a) The
commissioner shall issue a temporary permit to practice alcohol
and drug counseling prior to being licensed under this chapter
if the person:

(1) either:

(i) submits verification of a current and unrestricted
credential for the practice of alcohol and drug counseling from
a national certification body or a certification or licensing
body from another state, United States territory, or federally
recognized tribal authority;

(ii) submits verification of the completion of at least 64
semester credits, including 270 clock hours or 18 semester
credits of formal classroom education in alcohol and drug
counseling and at least 880 clock hours of alcohol and drug
counseling practicum from an accredited school or educational
program;

(iii) applies to renew a lapsed license according to the
requirements of section 148C.055, subdivision 3, clauses (1) and
(2), or section 148C.055, subdivision 4, clauses (1) and (2); or

(iv) meets the requirements of section 148C.11, subdivision
new text begin 1, paragraph (c), or new text end 6, clauses (1), (2), and (5);

(2) applies, in writing, on an application form provided by
the commissioner, which includes the nonrefundable temporary
permit fee as specified in section 148C.12 and an affirmation by
the person's supervisor, as defined in paragraph (c), clause
(1), which is signed and dated by the person and the person's
supervisor; and

(3) has not been disqualified to practice temporarily on
the basis of a background investigation under section 148C.09,
subdivision 1a.

(b) The commissioner must notify the person in writing
within 90 days from the date the completed application and all
required information is received by the commissioner whether the
person is qualified to practice under this subdivision.

(c) A person practicing under this subdivision:

(1) may practice under tribal jurisdiction or under the
direct supervision of a person who is licensed under this
chapter;

(2) is subject to the Rules of Professional Conduct set by
rule; and

(3) is not subject to the continuing education requirements
of section 148C.075.

(d) A person practicing under this subdivision must use the
title or description stating or implying that the person is a
trainee engaged in the practice of alcohol and drug counseling.

(e) A person practicing under this subdivision must
annually submit a renewal application on forms provided by the
commissioner with the renewal fee required in section 148C.12,
subdivision 3, and the commissioner may renew the temporary
permit if the trainee meets the requirements of this
subdivision. A trainee may renew a practice permit no more than
five times.

(f) A temporary permit expires if not renewed, upon a
change of employment of the trainee or upon a change in
supervision, or upon the granting or denial by the commissioner
of a license.

Sec. 3.

Minnesota Statutes 2004, section 148C.10,
subdivision 2, is amended to read:

Subd. 2.

Use of titles.

No person shall present
themselves or any other individual to the public by any title
incorporating the words "licensed alcohol and drug counselor" or
otherwise hold themselves out to the public by any title or
description stating or implying that they are licensed or
otherwise qualified to practice alcohol and drug counseling
unless that individual holds a valid license. Persons issued a
temporary permit must use titles consistent with section
148C.04, subdivision 6, paragraph deleted text begin (c) deleted text end new text begin (d) new text end .

Sec. 4.

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, licensed 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 deleted text begin section deleted text end new text begin subdivision
new text end but who elects to obtain a license under this chapter is subject
to this chapter to the same extent as other licensees. new text begin The
commissioner shall issue a license without examination to an
applicant who is licensed or registered in a profession
identified in paragraph (a) if the applicant:
new text end

new text begin (1) shows evidence of current licensure or registration;
and
new text end

new text begin (2) has submitted to the commissioner a plan for
supervision during the first 2,000 hours of professional
practice or has submitted proof of supervised professional
practice that is acceptable to the commissioner.
new text end

(d) deleted text begin These persons deleted text end new text begin Any person who is exempt from licensure
under this section new text end must not deleted text begin , however, deleted text end 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 new text begin unless that person is also licensed as an alcohol and
drug counselor new text end . 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. 5.

Minnesota Statutes 2004, section 148C.11,
subdivision 4, is amended to read:

Subd. 4.

Hospital alcohol and drug counselors.

Effective
January 1, deleted text begin 2006 deleted text end new text begin 2007 new text end , hospitals employing alcohol and drug
counselors shall be required to employ licensed alcohol and drug
counselors. An alcohol or drug counselor employed by a hospital
must be licensed as an alcohol and drug counselor in accordance
with this chapter.

Sec. 6.

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

Subd. 5.

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

Effective January 1, deleted text begin 2006 deleted text end new text begin 2007 new text end , 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.

Sec. 7.

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

Subd. 6.

Transition period for hospital and city, county,
and state agency alcohol and drug counselors.

For the period
between July 1, 2003, and January 1, deleted text begin 2006 deleted text end new text begin 2007 new text end , 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, or a city, county, or state agency in Minnesota, if
the individual new text begin meets the requirements in section 148C.0351 and new text end :

(1) was employed as an alcohol and drug counselor at a
school district, a hospital, or a city, county, or state agency
before August 1, 2002; deleted text begin (2) deleted text end has 8,000 hours of alcohol and drug
counselor work experience; deleted text begin (3) deleted text end has completed a written case
presentation and satisfactorily passed an oral examination
established by the commissioner; deleted text begin (4) deleted text end new text begin and new text end has satisfactorily
passed a written examination as established by the commissioner;
deleted text begin and (5) meets the requirements in section 148C.0351
deleted text end

new text begin (2) is credentialed as a certified chemical dependency
counselor (CCDC) or certified chemical dependency counselor
reciprocal (CCDCR) by the Institute for Chemical Dependency
Professionals of Minnesota, Inc.;
new text end

new text begin (3) is credentialed as a certified chemical
dependency-practitioner (CCDP) by the Institute for Chemical
Dependency Professionals of Minnesota, Inc.; or
new text end

new text begin (4) has 14,000 hours of supervised alcohol and drug
counselor experience as defined by the core functions and 270
clock hours of alcohol and drug training with a minimum of 60
hours of this training occurring within the past five years new text end .

Sec. 8.

Minnesota Statutes 2004, section 148C.12,
subdivision 3, is amended to read:

Subd. 3.

Temporary permit fee.

The initial fee for
applicants under section 148C.04, subdivision 6, paragraph (a),
is $100. The fee for annual renewal of a temporary permit
is deleted text begin $100 deleted text end new text begin $150 new text end , but when the first expiration date occurs in less
or more than one year, the fee must be prorated.