SF 2066

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health-related licensing boards; establishing licensure for professional
clinical counselors; modifying the definitions of mental health professionals;
amending Minnesota Statutes 2006, sections 148B.50, subdivision 5; 148B.53,
subdivision 1; 245.462, subdivision 18; 245.470, subdivision 1; 245.4871,
subdivision 27; 245.488, subdivision 1; 256B.0623, subdivision 5; 256B.0624,
subdivisions 5, 8; 256B.0943, subdivision 1; 256J.08, subdivision 73a; proposing
coding for new law in Minnesota Statutes, chapter 148B.

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

Section 1.

new text begin [148B.5301] REQUIREMENTS FOR LICENSURE AS A LICENSED
PROFESSIONAL CLINICAL COUNSELOR.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin (a) To be licensed as a licensed professional
clinical counselor (LPCC), an applicant must provide satisfactory 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) has completed a master's or doctoral degree program in counseling or a
related field, as determined by the board based on the criteria in items (i) to (x), that
includes a minimum of 48 semester hours or 72 quarter hours and a supervised field
experience in counseling that is not fewer than 700 hours. The degree must be from
a counseling program recognized by the Council for Accreditation of Counseling and
Related Education Programs (CACREP) or from an institution of higher education that is
accredited by a regional accrediting organization recognized by the Council for Higher
Education Accreditation (CHEA). Specific academic course content and training must
include course work in each of the following subject areas:
new text end

new text begin (i) helping relationship, including counseling theory and practice;
new text end

new text begin (ii) human growth and development;
new text end

new text begin (iii) lifestyle and career development;
new text end

new text begin (iv) group dynamics, processes, counseling, and consulting;
new text end

new text begin (v) assessment and appraisal;
new text end

new text begin (vi) social and cultural foundations, including multicultural issues;
new text end

new text begin (vii) principles of etiology, treatment planning, and prevention of mental and
emotional disorders and dysfunctional behavior;
new text end

new text begin (viii) family counseling and therapy;
new text end

new text begin (ix) research and evaluation; and
new text end

new text begin (x) professional counseling orientation and ethics;
new text end

new text begin (4) has demonstrated competence in professional counseling by passing the National
Clinical Mental Health Counseling Examination (NCMHCE), administered by the
National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have
taken and passed the National Counselor Examination (NCE) administered by the NBCC,
or another board-approved examination, need only take and pass the Examination of
Clinical Counseling Practice (ECCP) administered by the NBCC;
new text end

new text begin (5) has earned graduate-level semester credits or quarter-credit equivalents in the
following clinical content areas as follows:
new text end

new text begin (i) six credits in diagnostic assessment for child or adult mental disorders; normative
development; and psychopathology, including developmental psychopathology;
new text end

new text begin (ii) three credits in clinical treatment planning, with measurable goals;
new text end

new text begin (iii) six credits in clinical intervention methods informed by research evidence and
community standards of practice;
new text end

new text begin (iv) three credits in evaluation methodologies regarding the effectiveness of
interventions;
new text end

new text begin (v) three credits in professional ethics applied to clinical practice; and
new text end

new text begin (vi) three credits in cultural diversity; and
new text end

new text begin (6) has demonstrated successful completion of 4,000 hours of supervised,
postmaster's degree professional practice in the delivery of clinical services in the
diagnosis and treatment of child and adult mental illnesses and disorders, conducted
according to subdivision 2.
new text end

new text begin (b) If course work in paragraph (a) was not completed as part of the degree program
required by paragraph (a), clause (3), the course work must be taken and passed for credit,
and must be earned from a counseling program or institution that meets the requirements
of paragraph (a), clause (3).
new text end

new text begin Subd. 2. new text end

new text begin Supervision. new text end

new text begin (a) To qualify as a LPCC, an applicant must have completed
4,000 hours of postmaster's degree supervised professional practice in the delivery of
clinical services in the diagnosis and treatment of mental illnesses and disorders in
both children and adults. The supervised practice shall be conducted according to the
requirements in paragraphs (b) to (e).
new text end

new text begin (b) The supervision must have been received under a contract that defines clinical
practice and supervision from a mental health professional as defined in section 245.462,
subdivision 18, clauses (1) to (6), or section 245.4871, subdivision 27, clauses (1) to (6),
or by a board-approved supervisor, who has at least two years of postlicensure experience
in the delivery of clinical services in the diagnosis and treatment of mental illnesses and
disorders.
new text end

new text begin (c) The supervision must be obtained at the rate of two hours of supervision per 40
hours of professional practice. The supervision must be evenly distributed over the course
of the supervised professional practice. At least 75 percent of the required supervision
hours must be received in person. 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 may be received in a group setting.
new text end

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

new text begin (e) The supervised practice must be clinical practice. Supervision includes the
observation by the supervisor of the successful application of professional counseling
knowledge, skills, and values in the differential diagnosis and treatment of psychosocial
function, disability, or impairment, including addictions and emotional, mental, and
behavioral disorders.
new text end

new text begin Subd. 3. new text end

new text begin Conversion from licensed professional counselor to licensed
professional clinical counselor. new text end

new text begin (a) Until August 1, 2011, an individual currently licensed
in the state of Minnesota as a licensed professional counselor may convert to a LPCC by
providing evidence satisfactory to the board that the applicant has met the following
requirements:
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) has a license that is active and in good standing;
new text end

new text begin (4) has no complaints pending, uncompleted disciplinary orders, or corrective
action agreements;
new text end

new text begin (5) has completed a master's or doctoral degree program in counseling or a related
field, as determined by the board, and whose degree was from a counseling program
recognized by CACREP or from an institution of higher education that is accredited by a
regional accrediting organization recognized by CHEA;
new text end

new text begin (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
clinical course work which includes content in the following clinical areas:
new text end

new text begin (i) diagnostic assessment for child and adult mental disorders; normative
development; and psychopathology, including developmental psychopathology;
new text end

new text begin (ii) clinical treatment planning, with measurable goals;
new text end

new text begin (iii) clinical intervention methods informed by research evidence and community
standards of practice;
new text end

new text begin (iv) evaluation methodologies regarding the effectiveness of interventions;
new text end

new text begin (v) professional ethics applied to clinical practice; and
new text end

new text begin (vi) cultural diversity;
new text end

new text begin (7) has demonstrated, to the satisfaction of the board, successful completion of
4,000 hours of supervised, postmaster's degree professional practice in the delivery
of clinical services in the diagnosis and treatment of child and adult mental illnesses
and disorders; and
new text end

new text begin (8) has paid the LPCC application and licensure fees required in section 148B.53,
subdivision 3.
new text end

new text begin (b) If the course work in paragraph (a) was not completed as part of the degree
program required by paragraph (a), clause (5), the course work must be taken and passed
for credit, and must be earned from a counseling program or institution that meets the
requirements in paragraph (a), clause (5).
new text end

new text begin (c) This subdivision expires August 1, 2011.
new text end

new text begin Subd. 4. new text end

new text begin Conversion to licensed professional clinical counselor after August 1,
2011. new text end

new text begin An individual licensed in the state of Minnesota as a licensed professional counselor
may convert to a LPCC by providing evidence satisfactory to the board that the applicant
has met the requirements of subdivisions 1 and 2, subject to the following:
new text end

new text begin (1) the individual's license must be active and in good standing;
new text end

new text begin (2) the individual must not have any complaints pending, uncompleted disciplinary
orders, or corrective action agreements; and
new text end

new text begin (3) the individual has paid the LPCC application and licensure fees required in
section 148B.53, subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Scope of practice. new text end

new text begin The scope of practice of a LPCC shall include all
those services provided by mental health professionals as defined in section 245.462,
subdivision 18, and section 245.4871, subdivision 27.
new text end

new text begin Subd. 6. new text end

new text begin Jurisdiction. new text end

new text begin LPCC's are subject to the board's statutes and rules to the
same extent as licensed professional counselors.
new text end

Sec. 2.

Minnesota Statutes 2006, section 148B.50, subdivision 5, is amended to read:

Subd. 5.

Scope of practice.

(a) The scope of practice of a licensed professional
counselor includes, but is not limited to:

(1) the implementation of professional counseling treatment interventions including
evaluation, treatment planning, assessment, and referral;

(2) direct counseling services to individuals, groups, and families;

(3) counseling strategies that effectively respond to multicultural populations;

(4) knowledge of relevant laws and ethics impacting practice;

(5) crisis intervention;

(6) consultation; and

(7) program evaluation and applied research.

(b) For the purposes of paragraph (a), clause (1), "professional counseling treatment
interventions" means the application of cognitive, affective, behavioral, systemic, and
community counseling strategies which include principles of human development,
wellness, and pathology. Counselors provide mental health services for clients whose
symptoms significantly interfere with daily functioning and would most likely not improve
in a reasonable time period without intervention.

(c) Licensed professional counseling does not include activities or services
undertaken by persons listed in section 148B.592, or the performance of any act that
licensed professional counselors are not educated and trained to perform.

deleted text begin (d) In order to evaluate and treat mental illness, a licensed professional counselor
must complete the postgraduate training specified in section 245.462, subdivision 18,
clause (6), or 245.4871, subdivision 27, clause (6). deleted text end

Sec. 3.

Minnesota Statutes 2006, section 148B.53, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

(a) To be licensed as a licensed professional
counselor (LPC), an applicant must provide evidence satisfactory to the board that the
applicant:

(1) is at least 18 years of age;

(2) is of good moral character;

(3) has completed a master's or doctoral degree program in counseling or a related
field, as determined by the board based on the criteria in paragraph (b), that includes a
minimum of 48 semester hours or 72 quarter hours and a supervised field experience of
not fewer than 700 hours that is counseling in nature;

(4) has submitted to the board 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 board; and

(5) has demonstrated competence in professional counseling by passing the National
Counseling Exam (NCE) administered by the National Board for Certified Counselors,
Inc. (NBCC) or an equivalent national examination as determined by the board, and
ethical, oral, and situational examinations if prescribed by the board.

(b) The degree described in paragraph (a), clause (3), must be from a counseling
program recognized by the Council for Accreditation of Counseling and Related Education
Programs (CACREP) or from an institution of higher education that is accredited by
a regional accrediting organization recognized by the Council for Higher Education
Accreditation (CHEA). deleted text begin Except as provided in paragraph (e), deleted text end Specific academic course
content and training must include course work in each of the following subject areas:

(1) the helping relationship, including counseling theory and practice;

(2) human growth and development;

(3) lifestyle and career development;

(4) group dynamics, processes, counseling, and consulting;

(5) assessment and appraisal;

(6) social and cultural foundations, including multicultural issues;

(7) principles of etiology, treatment planning, and prevention of mental and
emotional disorders and dysfunctional behavior;

(8) family counseling and therapy;

(9) research and evaluation; and

(10) professional counseling orientation and ethics.

(c) To be licensed as a professional counselor, a psychological practitioner licensed
under section 148.908 need only show evidence of licensure under that section and is not
required to comply with paragraph (a), clauses (1) to (3) and (5), or paragraph (b).

(d) To be licensed as a professional counselor, a Minnesota licensed psychologist
need only show evidence of licensure from the Minnesota Board of Psychology and is not
required to comply with paragraph (a) or (b).

deleted text begin (e) If the degree described in paragraph (a), clause (3), is from a counseling program
recognized by the Council for Accreditation of Counseling and Related Education
Programs (CACREP), the applicant is deemed to have met the specific course work
requirements of paragraph (b).
deleted text end

Sec. 4.

Minnesota Statutes 2006, 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 chapter 148D, 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 licensed professional clinical counseling, the mental health professional must
be a licensed professional clinical counselor under section 148B.5301; 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. 5.

Minnesota Statutes 2006, section 245.470, subdivision 1, is amended to read:

Subdivision 1.

Availability of outpatient services.

(a) County boards must provide
or contract for enough outpatient services within the county to meet the needs of adults
with mental illness residing in the county. Services may be provided directly by the
county through county-operated mental health centers or mental health clinics approved
by the commissioner under section 245.69, subdivision 2; by contract with privately
operated mental health centers or mental health clinics approved by the commissioner
under section 245.69, subdivision 2; by contract with hospital mental health outpatient
programs certified by the Joint Commission on Accreditation of Hospital Organizations;
or by contract with a licensed mental health professional as defined in section 245.462,
subdivision 18, clauses (1) to deleted text begin (4) deleted text end new text begin (6) new text end . Clients may be required to pay a fee according to
section 245.481. Outpatient services include:

(1) conducting diagnostic assessments;

(2) conducting psychological testing;

(3) developing or modifying individual treatment plans;

(4) making referrals and recommending placements as appropriate;

(5) treating an adult's mental health needs through therapy;

(6) prescribing and managing medication and evaluating the effectiveness of
prescribed medication; and

(7) preventing placement in settings that are more intensive, costly, or restrictive
than necessary and appropriate to meet client needs.

(b) County boards may request a waiver allowing outpatient services to be provided
in a nearby trade area if it is determined that the client can best be served outside the
county.

Sec. 6.

Minnesota Statutes 2006, 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 chapter 148D, 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 licensed professional clinical counseling, the mental health professional must
be a licensed professional clinical counselor under section 148B.5301; 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. 7.

Minnesota Statutes 2006, section 245.488, subdivision 1, is amended to read:

Subdivision 1.

Availability of outpatient services.

(a) County boards must provide
or contract for enough outpatient services within the county to meet the needs of each
child with emotional disturbance residing in the county and the child's family. Services
may be provided directly by the county through county-operated mental health centers or
mental health clinics approved by the commissioner under section 245.69, subdivision 2;
by contract with privately operated mental health centers or mental health clinics approved
by the commissioner under section 245.69, subdivision 2; by contract with hospital
mental health outpatient programs certified by the Joint Commission on Accreditation
of Hospital Organizations; or by contract with a licensed mental health professional as
defined in section 245.4871, subdivision 27, clauses (1) to deleted text begin (4) deleted text end new text begin (6) new text end . A child or a child's
parent may be required to pay a fee based in accordance with section 245.481. Outpatient
services include:

(1) conducting diagnostic assessments;

(2) conducting psychological testing;

(3) developing or modifying individual treatment plans;

(4) making referrals and recommending placements as appropriate;

(5) treating the child's mental health needs through therapy; and

(6) prescribing and managing medication and evaluating the effectiveness of
prescribed medication.

(b) County boards may request a waiver allowing outpatient services to be provided
in a nearby trade area if it is determined that the child requires necessary and appropriate
services that are only available outside the county.

(c) Outpatient services offered by the county board to prevent placement must be at
the level of treatment appropriate to the child's diagnostic assessment.

Sec. 8.

Minnesota Statutes 2006, 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 (5). 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 deleted text begin (5) deleted text end new text begin (6) new text end ,
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.

Sec. 9.

Minnesota Statutes 2006, section 256B.0624, subdivision 5, is amended to read:

Subd. 5.

Mobile crisis intervention staff qualifications.

For provision of adult
mental health mobile crisis intervention services, a mobile crisis intervention team is
comprised of at least two mental health professionals 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 , or a combination of at least one mental health
professional and one mental health practitioner as defined in section 245.462, subdivision
17, with the required mental health crisis training and under the clinical supervision of
a mental health professional on the team. The team must have at least two people with
at least one member providing on-site crisis intervention services when needed. Team
members must be experienced in mental health assessment, crisis intervention techniques,
and clinical decision-making under emergency conditions and have knowledge of local
services and resources. The team must recommend and coordinate the team's services
with appropriate local resources such as the county social services agency, mental health
services, and local law enforcement when necessary.

Sec. 10.

Minnesota Statutes 2006, section 256B.0624, subdivision 8, is amended to
read:

Subd. 8.

Adult crisis stabilization staff qualifications.

(a) Adult mental health
crisis stabilization services must be provided by qualified individual staff of a qualified
provider entity. Individual provider staff must have the following qualifications:

(1) be 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 ;

(2) be 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) be a mental health rehabilitation worker who meets the criteria in section
256B.0623, subdivision 5, clause (3); works under the direction of a mental health
practitioner as defined in section 245.462, subdivision 17, or under direction of a
mental health professional; and works under the clinical supervision of a mental health
professional.

(b) Mental health practitioners and mental health rehabilitation workers must have
completed at least 30 hours of training in crisis intervention and stabilization during
the past two years.

Sec. 11.

Minnesota Statutes 2006, section 256B.0943, subdivision 1, is amended to
read:

Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given them.

(a) "Children's therapeutic services and supports" means the flexible package of
mental health services for children who require varying therapeutic and rehabilitative
levels of intervention. The services are time-limited interventions that are delivered using
various treatment modalities and combinations of services designed to reach treatment
outcomes identified in the individual treatment plan.

(b) "Clinical supervision" means the overall responsibility of the mental health
professional for the control and direction of individualized treatment planning, service
delivery, and treatment review for each client. A mental health professional who is an
enrolled Minnesota health care program provider accepts full professional responsibility
for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work,
and oversees or directs the supervisee's work.

(c) "County board" means the county board of commissioners or board established
under sections 402.01 to 402.10 or 471.59.

(d) "Crisis assistance" has the meaning given in section 245.4871, subdivision 9a.

(e) "Culturally competent provider" means a provider who understands and can
utilize to a client's benefit the client's culture when providing services to the client. A
provider may be culturally competent because the provider is of the same cultural or
ethnic group as the client or the provider has developed the knowledge and skills through
training and experience to provide services to culturally diverse clients.

(f) "Day treatment program" for children means a site-based structured program
consisting of group psychotherapy for more than three individuals and other intensive
therapeutic services provided by a multidisciplinary team, under the clinical supervision
of a mental health professional.

(g) "Diagnostic assessment" has the meaning given in section 245.4871, subdivision
11.

(h) "Direct service time" means the time that a mental health professional, mental
health practitioner, or mental health behavioral aide spends face-to-face with a client
and the client's family. Direct service time includes time in which the provider obtains
a client's history or provides service components of children's therapeutic services and
supports. Direct service time does not include time doing work before and after providing
direct services, including scheduling, maintaining clinical records, consulting with others
about the client's mental health status, preparing reports, receiving clinical supervision
directly related to the client's psychotherapy session, and revising the client's individual
treatment plan.

(i) "Direction of mental health behavioral aide" means the activities of a mental
health professional or mental health practitioner in guiding the mental health behavioral
aide in providing services to a client. The direction of a mental health behavioral aide
must be based on the client's individualized treatment plan and meet the requirements in
subdivision 6, paragraph (b), clause (5).

(j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision
15. For persons at least age 18 but under age 21, mental illness has the meaning given in
section 245.462, subdivision 20, paragraph (a).

(k) "Individual behavioral plan" means a plan of intervention, treatment, and
services for a child written by a mental health professional or mental health practitioner,
under the clinical supervision of a mental health professional, to guide the work of the
mental health behavioral aide.

(l) "Individual treatment plan" has the meaning given in section 245.4871,
subdivision 21.

(m) "Mental health professional" means an individual as defined in section 245.4871,
subdivision 27, clauses (1) to deleted text begin (5) deleted text end new text begin (6) new text end , or tribal vendor as defined in section 256B.02,
subdivision 7, paragraph (b).

(n) "Preschool program" means a day program licensed under Minnesota Rules,
parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and
supports provider to provide a structured treatment program to a child who is at least 33
months old but who has not yet attended the first day of kindergarten.

(o) "Skills training" means individual, family, or group training designed to improve
the basic functioning of the child with emotional disturbance and the child's family in the
activities of daily living and community living, and to improve the social functioning of the
child and the child's family in areas important to the child's maintaining or reestablishing
residency in the community. Individual, family, and group skills training must:

(1) consist of activities designed to promote skill development of the child and the
child's family in the use of age-appropriate daily living skills, interpersonal and family
relationships, and leisure and recreational services;

(2) consist of activities that will assist the family's understanding of normal child
development and to use parenting skills that will help the child with emotional disturbance
achieve the goals outlined in the child's individual treatment plan; and

(3) promote family preservation and unification, promote the family's integration
with the community, and reduce the use of unnecessary out-of-home placement or
institutionalization of children with emotional disturbance.

Sec. 12.

Minnesota Statutes 2006, section 256J.08, subdivision 73a, is amended to read:

Subd. 73a.

Qualified professional.

(a) For physical illness, injury, or incapacity,
a "qualified professional" means a licensed physician, a physician's assistant, a nurse
practitioner, or a licensed chiropractor.

(b) For developmental disability and intelligence testing, a "qualified professional"
means an individual qualified by training and experience to administer the tests necessary
to make determinations, such as tests of intellectual functioning, assessments of adaptive
behavior, adaptive skills, and developmental functioning. These professionals include
licensed psychologists, certified school psychologists, or certified psychometrists working
under the supervision of a licensed psychologist.

(c) For learning disabilities, a "qualified professional" means a licensed psychologist
or school psychologist with experience determining learning disabilities.

(d) For mental health, a "qualified professional" means a licensed physician or a
qualified mental health professional. A "qualified mental health professional" means:

(1) for children, in psychiatric nursing, 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) for adults, in psychiatric nursing, a registered nurse who is licensed under
sections 148.171 to 148.285, and who is certified as a clinical specialist in adult psychiatric
and 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;

(3) in clinical social work, a person licensed as an independent clinical social worker
under chapter 148D, 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;

(4) 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;

(5) 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; deleted text begin and
deleted text end

(6) 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 new text begin ; and
new text end

new text begin (7) in licensed professional clinical counseling, the mental health professional must
be a licensed professional clinical counselor under section 148B.5301 new text end .