SF 328

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; authorizing the board of 
  1.3             psychology to require an independent examination of a 
  1.4             practitioner; classifying such information; clarifying 
  1.5             the definition of the practice of psychology; 
  1.6             modifying provisions relating to supervised practice 
  1.7             by a psychologist; providing for psychologist emeritus 
  1.8             registration; appropriating money; amending Minnesota 
  1.9             Statutes 2002, sections 13.383, subdivision 8; 148.89, 
  1.10            subdivision 5; 148.925, subdivision 1; 148.941, by 
  1.11            adding a subdivision; proposing coding for new law in 
  1.12            Minnesota Statutes, chapter 148. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2002, section 13.383, 
  1.15  subdivision 8, is amended to read: 
  1.16     Subd. 8.  [PSYCHOLOGISTS AND PSYCHOLOGICAL PRACTITIONERS.] 
  1.17  Client records of a patient cared for by a psychologist or 
  1.18  psychological practitioner who is under review by the board of 
  1.19  psychology are classified under section 148.941, subdivision 4.  
  1.20  Data obtained by the board of psychology when requiring a 
  1.21  mental, physical, or chemical dependency examination or 
  1.22  evaluation of a regulated individual or when accessing the 
  1.23  medical records of a regulated individual are classified under 
  1.24  section 148.941, subdivision 8. 
  1.25     Sec. 2.  Minnesota Statutes 2002, section 148.89, 
  1.26  subdivision 5, is amended to read: 
  1.27     Subd. 5.  [PRACTICE OF PSYCHOLOGY.] "Practice of 
  1.28  psychology" means the observation, description, evaluation, 
  1.29  interpretation, and or modification of human behavior by the 
  2.1   application of psychological principles, methods, and or 
  2.2   procedures, to prevent or, eliminate, or manage symptomatic, 
  2.3   maladaptive, or undesired behavior and to enhance interpersonal 
  2.4   relationships, work and, life and developmental adjustment, 
  2.5   personal and organizational effectiveness, behavioral health, 
  2.6   and mental health.  The practice of psychology includes, but is 
  2.7   not limited to, the following services, regardless of whether 
  2.8   the provider receives payment for the services: 
  2.9      (1) psychological research, psychological testing, and 
  2.10  teaching of psychology, and the evaluation or assessment of 
  2.11  personal characteristics such as intelligence, personality, 
  2.12  abilities, interests, aptitudes, and neuropsychological 
  2.13  functioning; 
  2.14     (2) assessment, including psychological testing and other 
  2.15  means of evaluating personal characteristics such as 
  2.16  intelligence, personality, abilities, interests, aptitudes, and 
  2.17  neuropsychological functioning; 
  2.18     (3) a psychological report, whether written or oral, 
  2.19  including testimony of a provider as an expert witness, 
  2.20  concerning the characteristics of an individual or entity; 
  2.21     (4) psychotherapy, including but not limited to, categories 
  2.22  such as behavioral, cognitive, emotive, systems, 
  2.23  psychophysiological, or insight-oriented therapies; counseling,; 
  2.24  psychoanalysis, psychotherapy, hypnosis, biofeedback,; and 
  2.25  diagnosis and treatment of:  
  2.26     (i) mental and emotional disorder or disability; 
  2.27     (ii) alcoholism alcohol and substance dependence or abuse; 
  2.28     (iii) disorders of habit or conduct; 
  2.29     (iv) the psychological aspects of physical illness or 
  2.30  condition, accident, injury, or disability; 
  2.31     (v) life adjustment issues, including work-related and 
  2.32  bereavement issues; and 
  2.33     (vi) child, family, or relationship issues; and 
  2.34     (vii) work-related issues; and 
  2.35     (3) (5) psychoeducational evaluation, therapy, remediation, 
  2.36  consultation, and supervision services and treatment; and 
  3.1      (6) consultation and supervision. 
  3.2      Sec. 3.  [148.9105] [EMERITUS REGISTRATION.] 
  3.3      Subdivision 1.  [APPLICATION.] Retired providers who are 
  3.4   licensed or were formerly licensed to practice psychology in the 
  3.5   state according to the Minnesota Psychology Practice Act may 
  3.6   apply to the board for psychologist emeritus registration or 
  3.7   psychological practitioner emeritus registration if they declare 
  3.8   that they are retired from the practice of psychology in 
  3.9   Minnesota, have not been the subject of disciplinary action in 
  3.10  any jurisdiction, and have no unresolved complaints in any 
  3.11  jurisdiction.  Retired providers shall complete the necessary 
  3.12  forms provided by the board and pay a onetime, nonrefundable fee 
  3.13  of $150 at the time of application. 
  3.14     Subd. 2.  [STATUS OF REGISTRANT.] Emeritus registration is 
  3.15  not a license to provide psychological services as defined in 
  3.16  the Minnesota Psychology Practice Act.  The registrant shall not 
  3.17  engage in the practice of psychology. 
  3.18     Subd. 3.  [CHANGE TO ACTIVE STATUS.] Emeritus registrants 
  3.19  who request a change to active licensure status shall meet the 
  3.20  requirements for relicensure following termination in the 
  3.21  Minnesota Psychology Practice Act.  Master's level emeritus 
  3.22  registrants who request licensure at the doctoral level shall 
  3.23  comply with current licensure requirements. 
  3.24     Subd. 4.  [DOCUMENTATION OF STATUS.] A provider granted 
  3.25  emeritus registration shall receive a document certifying that 
  3.26  emeritus status has been granted by the board and that the 
  3.27  registrant has completed the registrant's active career as a 
  3.28  psychologist or psychological practitioner licensed in good 
  3.29  standing with the board. 
  3.30     Subd. 5.  [REPRESENTATION TO THE PUBLIC.] In addition to 
  3.31  the descriptions allowed in section 148.96, subdivision 3, 
  3.32  paragraph (e), former licensees who have been granted emeritus 
  3.33  registration may represent themselves as "psychologist emeritus" 
  3.34  or "psychological practitioner emeritus," but shall not 
  3.35  represent themselves or allow themselves to be represented to 
  3.36  the public as "licensed" or otherwise as current licensees of 
  4.1   the board. 
  4.2      Subd. 6.  [CONTINUING EDUCATION REQUIREMENTS.] The 
  4.3   continuing education requirements of the Minnesota Psychology 
  4.4   Practice Act do not apply to emeritus registrants. 
  4.5      Subd. 7.  [RENEWAL OR SPECIAL FEES.] An emeritus registrant 
  4.6   is not subject to license renewal or special fees. 
  4.7      Sec. 4.  Minnesota Statutes 2002, section 148.925, 
  4.8   subdivision 1, is amended to read: 
  4.9      Subdivision 1.  [SUPERVISION.] For the purpose of meeting 
  4.10  the requirements of this section, supervision means documented 
  4.11  in-person consultation, which may include interactive, visual 
  4.12  electronic communication, between either:  (1) a primary 
  4.13  supervisor and a licensed psychological practitioner; or (2) a 
  4.14  primary or designated supervisor and an applicant for licensure 
  4.15  as a licensed psychologist.  The supervision shall be adequate 
  4.16  to assure the quality and competence of the activities 
  4.17  supervised.  Supervisory consultation shall include discussions 
  4.18  on the nature and content of the practice of the supervisee, 
  4.19  including, but not limited to, a review of a representative 
  4.20  sample of psychological services in the supervisee's practice. 
  4.21     Sec. 5.  Minnesota Statutes 2002, section 148.941, is 
  4.22  amended by adding a subdivision to read: 
  4.23     Subd. 8.  [MENTAL, PHYSICAL, OR CHEMICAL DEPENDENCY 
  4.24  EXAMINATION OR EVALUATION.] (a) If the board has probable cause 
  4.25  to believe that an individual who is regulated by the board has 
  4.26  demonstrated an inability to practice psychology with reasonable 
  4.27  skill and safety to clients due to any mental or physical 
  4.28  illness or condition, the board may direct the individual to 
  4.29  submit to an independent mental, physical, or chemical 
  4.30  dependency examination or evaluation.  For the purpose of this 
  4.31  subdivision, an individual regulated by the board is deemed to 
  4.32  have consented to submit to the examination or evaluation when 
  4.33  directed to do so by written notice by the board and to have 
  4.34  waived all objections to the admissibility of the examiner's or 
  4.35  evaluator's testimony or reports on the grounds that the same 
  4.36  constitutes a privileged communication.  Failure to submit to an 
  5.1   examination or evaluation without just cause, as determined by 
  5.2   the board, shall authorize the board to consider the allegations 
  5.3   as true for the purposes of further action by the board.  Such 
  5.4   action may include an application being denied, a license being 
  5.5   suspended, or a default and final order being entered without 
  5.6   the taking of testimony or presentation of evidence, other than 
  5.7   evidence that may be submitted by affidavit that explains why 
  5.8   the individual did not submit to the examination or evaluation. 
  5.9      (b) An individual regulated by the board who is affected 
  5.10  under this subdivision shall, at reasonable intervals, be given 
  5.11  an opportunity to demonstrate that the individual is fit to 
  5.12  resume the competent practice of psychology with reasonable 
  5.13  skill and safety to the public. 
  5.14     (c) In a proceeding under this subdivision, neither the 
  5.15  record of the proceedings nor the orders entered by the board is 
  5.16  admissible, is subject to subpoena, or may be used against the 
  5.17  individual regulated by the board in any proceeding not 
  5.18  commenced by the board. 
  5.19     (d) Information obtained under this subdivision is 
  5.20  classified as private under section 13.02, subdivision 12. 
  5.21     Sec. 6.  [APPROPRIATION.] 
  5.22     $1,000 is appropriated for each fiscal year of the biennium 
  5.23  ending June 30, 2005, from the state government special revenue 
  5.24  fund to the board of psychology for the purpose of administering 
  5.25  section 3.