3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to occupations and professions; board of 1.3 psychology; modifying board duties; changing types of 1.4 licensure; changing licensure provisions; providing 1.5 for discipline; providing penalties; amending 1.6 Minnesota Statutes 1994, sections 148.88; 148.881; 1.7 148.89, subdivisions 2a and 5; 148.90, subdivisions 1 1.8 and 2; 148.905, subdivision 1; 148.911; 148.925; 1.9 148.941, subdivisions 2, 4, and by adding 1.10 subdivisions; 148.96; 148.975; 148.98; 253B.02, 1.11 subdivision 11; Minnesota Statutes 1995 Supplement, 1.12 section 147.09; proposing coding for new law in 1.13 Minnesota Statutes, chapter 148; repealing Minnesota 1.14 Statutes 1994, sections 148.89, subdivisions 6, 7, and 1.15 8; 148.91; 148.93; 148.951; and 148.97; Minnesota 1.16 Statutes 1995 Supplement, section 148.921. 1.17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.18 Section 1. Minnesota Statutes 1995 Supplement, section 1.19 147.09, is amended to read: 1.20 147.09 [EXEMPTIONS.] 1.21 Section 147.081 does not apply to, control, prevent or 1.22 restrict the practice, service, or activities of: 1.23 (1) A person who is a commissioned medical officer of, a 1.24 member of, or employed by, the armed forces of the United 1.25 States, the United States Public Health Service, the Veterans 1.26 Administration, any federal institution or any federal agency 1.27 while engaged in the performance of official duties within this 1.28 state, if the person is licensed elsewhere. 1.29 (2) A licensed physician from a state or country who is in 1.30 actual consultation here. 1.31 (3) A licensed or registered physician who treats the 2.1 physician's home state patients or other participating patients 2.2 while the physicians and those patients are participating 2.3 together in outdoor recreation in this state as defined by 2.4 section 86A.03, subdivision 3. A physician shall first register 2.5 with the board on a form developed by the board for that 2.6 purpose. The board shall not be required to promulgate the 2.7 contents of that form by rule. No fee shall be charged for this 2.8 registration. 2.9 (4) A student practicing under the direct supervision of a 2.10 preceptor while the student is enrolled in and regularly 2.11 attending a recognized medical school. 2.12 (5) A student who is in continuing training and performing 2.13 the duties of an intern or resident or engaged in postgraduate 2.14 work considered by the board to be the equivalent of an 2.15 internship or residency in any hospital or institution approved 2.16 for training by the board, provided the student has a residency 2.17 permit issued by the board under section 147.0391. 2.18 (6) A person employed in a scientific, sanitary, or 2.19 teaching capacity by the state university, the department of 2.20 children, families, and learning, or by any public or private 2.21 school, college, or other bona fide educational institution, or 2.22 the state department of health, whose duties are entirely of a 2.23 public health or educational character, while engaged in such 2.24 duties. 2.25 (7) Physician's assistants registered in this state. 2.26 (8) A doctor of osteopathy duly licensed by the state board 2.27 of osteopathy under Minnesota Statutes 1961, sections 148.11 to 2.28 148.16, prior to May 1, 1963, who has not been granted a license 2.29 to practice medicine in accordance with this chapter provided 2.30 that the doctor confines activities within the scope of the 2.31 license. 2.32 (9) Any person licensed by a health related licensing 2.33 board, as defined in section 214.01, subdivision 2, or 2.34 registered by the commissioner of health pursuant to section 2.35 214.13, including psychological practitioners with respect to 2.36 the use of hypnosis; provided that the person confines 3.1 activities within the scope of the license. 3.2 (10) A person who practices ritual circumcision pursuant to 3.3 the requirements or tenets of any established religion. 3.4 (11) A Christian Scientist or other person who endeavors to 3.5 prevent or cure disease or suffering exclusively by mental or 3.6 spiritual means or by prayer. 3.7 (12) A physician licensed to practice medicine in another 3.8 state who is in this state for the sole purpose of providing 3.9 medical services at a competitive athletic event. The physician 3.10 may practice medicine only on participants in the athletic 3.11 event. A physician shall first register with the board on a 3.12 form developed by the board for that purpose. The board shall 3.13 not be required to adopt the contents of the form by rule. The 3.14 physician shall provide evidence satisfactory to the board of a 3.15 current unrestricted license in another state. The board shall 3.16 charge a fee of $50 for the registration. 3.17 (13) A psychologist licensed under section
148.91148.907 3.18 or a social worker licensed under section 148B.21 who uses or 3.19 supervises the use of a penile or vaginal plethysmograph in 3.20 assessing and treating individuals suspected of engaging in 3.21 aberrant sexual behavior and sex offenders. 3.22 Sec. 2. Minnesota Statutes 1994, section 148.88, is 3.23 amended to read: 3.24 148.88 [CITATION.] 3.25 Sections 148.88 to 148.98 and the rules adopted under them, 3.26 shall be cited as the Minnesota licensing law for3.27 psychologistspsychology practice act. 3.28 Sec. 3. Minnesota Statutes 1994, section 148.881, is 3.29 amended to read: 3.30 148.881 [DECLARATION OF POLICY.] 3.31 The practice of psychology in Minnesota affects the public 3.32 health, safety, and welfare. The regulations in sections 148.88 3.33 to 148.98 protect the public from the practice of psychology by 3.34 unqualified persons and from unethical or unprofessional conduct 3.35 by persons licensed to practice psychology. 3.36 Sec. 4. Minnesota Statutes 1994, section 148.89, 4.1 subdivision 2a, is amended to read: 4.2 Subd. 2a. [CLIENT.] "Client" means aeach person or legal, 4.3 religious, academic, organizational, business, governmental, or 4.4 other entity that receives, received, or should have received, 4.5 or arranged for another entity to receive services from a person 4.6 regulated under sections 148.88 to 148.98. For the purposes of 4.7 sections 148.88 to 148.98, "client" includesmay include patient 4.8 and, resident, counselee, evaluatee, and, as limited in the 4.9 rules of conduct, student, supervisee, or research subject. In 4.10 the case of dual clients, the psychologist must be aware of the 4.11 responsibilities to each client, and of the potential for 4.12 divergent interests of each client. 4.13 Sec. 5. Minnesota Statutes 1994, section 148.89, 4.14 subdivision 5, is amended to read: 4.15 Subd. 5. [PRACTICE OF PSYCHOLOGY.] "Practice of 4.16 psychology" means the observation, description, evaluation, 4.17 interpretation, and modification of human behavior by the 4.18 application of psychological principles, methods, and 4.19 procedures, to prevent or eliminate symptomatic, maladaptive, or 4.20 undesired behavior and to enhance interpersonal relationships, 4.21 work and life adjustment, personal and organizational 4.22 effectiveness, behavioral health, and mental health. The 4.23 practice of psychology includes, but is not limited to, the 4.24 following services, regardless of whether the provider receives 4.25 payment for the services: 4.26 (1) psychological research, psychological testing, teaching 4.27 of psychology, and the evaluation or assessment of personal 4.28 characteristics such as intelligence, personality, abilities, 4.29 interests, aptitudes, and neuropsychological functioning; 4.30 (2) counseling, psychoanalysis, psychotherapy, hypnosis, 4.31 biofeedback, and diagnosis and treatment of: 4.32 (i) mental and emotional disorder or disability; 4.33 (ii) alcoholism and substance abuse; 4.34 (iii) disorders of habit or conduct; and4.35 (iv) the psychological aspects of physical illness or 4.36 condition, accident, injury, or disability; and5.1 (v) bereavement issues; 5.2 (vi) family or relationship issues; and 5.3 (vii) work-related issues; and 5.4 (3) psychoeducational evaluation, therapy, remediation, and 5.5 consultation. Recipients of psychological services include5.6 individuals, families, groups, organizations, and the public.5.7 Sec. 6. Minnesota Statutes 1994, section 148.90, 5.8 subdivision 1, is amended to read: 5.9 Subdivision 1. [BOARD OF PSYCHOLOGY.] (a) The board of 5.10 psychology is created with the powers and duties described in 5.11 this section. The board has 11 members who consist of: 5.12 (1) three persons licensed as licensed psychologists who 5.13 have a doctoral degree in psychology; 5.14 (2) two persons licensed as licensed psychologists who have 5.15 a master's degree in psychology; 5.16 (3) two psychologists, not necessarily licensed, one with a 5.17 doctoral degree in psychology who represents a doctoral training 5.18 program in psychology, and one who represents a master's degree 5.19 training program in psychology; 5.20 (4) one person licensed or qualified to be licensed as a 5.21 psychological practitioner; and 5.22 (5) three public members. 5.23 (b) After the date on which fewer than 30 percent of the 5.24 persons licensed by the board as licensed psychologists qualify 5.25 for licensure under section 148.921, subdivision 2148.907, 5.26 subdivision 3, paragraph (b), the first vacancy filled under 5.27 paragraph (a), clause (2), mustshall be filled by a person 5.28 licensed or qualified to be licensed as a licensed psychological 5.29 practitioner. From this date on, this position when vacant must5.30 shall be filled by a person licensed or qualified to be licensed 5.31 as a licensed psychological practitioner. 5.32 (c) After the date on which fewer than 15 percent of the 5.33 persons licensed by the board as licensed psychologists qualify 5.34 for licensure under section 148.921, subdivision 2148.907, 5.35 subdivision 3, paragraph (b), the first vacancy under paragraph 5.36 (a), clause (2), for a person licensed as alicensed 6.1 psychologist with a master's degree in psychology mustshall be 6.2 filled by a person licensed as alicensed psychologist who has a6.3 doctoral degree in psychology. From this date on, this position 6.4 when vacant mustshall be filled by a person licensed as a 6.5 licensed psychologist who has a doctoral degree in psychology. 6.6 (d) Following the filling of the first vacancy under6.7 paragraph (c), no further appointments shall be made pursuant to6.8 paragraph (a), clause (2).6.9 Sec. 7. Minnesota Statutes 1994, section 148.90, 6.10 subdivision 2, is amended to read: 6.11 Subd. 2. [MEMBERS.] (a) The members of the board shall: 6.12 (1) be appointed by the governor; 6.13 (2) be residents of the state; 6.14 (3) serve for not more than two consecutive terms; 6.15 (4) designate the officers of the board; and 6.16 (5) administer oaths pertaining to the business of the 6.17 board. 6.18 (b) A public member of the board shall broadlyrepresent 6.19 the public interest and shall not: 6.20 (1) be a psychologist, psychological practitioner, or 6.21 engagehave engaged in the practice of psychology before6.22 retirement; 6.23 (2) be an applicant or former applicant for licensure; 6.24 (3) be a member of another health profession; 6.25 (4) be a member of a household that includes a psychologist 6.26 or psychological practitioner; or 6.27 (5) have conflicts of interest or the appearance of 6.28 conflicts with duties as a board member. 6.29 Sec. 8. Minnesota Statutes 1994, section 148.905, 6.30 subdivision 1, is amended to read: 6.31 Subdivision 1. [GENERAL.] The board shall: 6.32 (1) adopt and enforce rules for licensing psychologists and 6.33 psychological practitioners and for regulating their 6.34 professional conduct . The rules must include, but are not6.35 limited to, standards for training, supervision, the practice of6.36 psychology, and any other areas covered by sections 148.88 to7.1 148.98; 7.2 (2) adopt rules that provide for examinations and establish7.3 a code of professional ethics and requirements for continuing7.4 educationand enforce rules of conduct governing the practice of 7.5 psychology; 7.6 (3) hold examinationsadopt and implement rules for 7.7 examinations which shall be held at least once a year to assess 7.8 applicants' knowledge and skills. The examinations may be 7.9 written or oral or both, and may be administered by the board or 7.10 by institutions or individuals designated by the board; 7.11 (4) issue licenses to individuals qualified under section7.12 148.91sections 148.907 and 148.908, according to the procedures 7.13 for licensing in Minnesota Rules; 7.14 (5) issue copies of the rules for licensing to all 7.15 applicants; 7.16 (6) establish and maintain annually a register of current 7.17 licenses; 7.18 (7) establish reasonableand collect fees for the issuance 7.19 and renewal of licenses and other services by the board. 7.20 Fees mustshall be set to defray the cost of administering the 7.21 provisions of sections 148.88 to 148.98 including costs for 7.22 applications, examinations, enforcement, materials, and the cost7.23 of maintaining theoperations of the board; 7.24 (8) educate the public about the requirements for licensing 7.25 of psychologists and of psychological practitioners and about 7.26 the code of professional ethicsrules of conduct, to allow7.27 consumersenable the public to file complaints against 7.28 applicants or licensees who may have violated licensing7.29 requirements or professional ethicsthe psychology practice act; 7.30 and 7.31 (9) adopt and implement requirements for continuing 7.32 education and establish or approve programs that qualify for 7.33 professional psychology continuing educational credit. The 7.34 board may hire consultants, agencies, or professional 7.35 psychological associations to establish and approve continuing 7.36 education courses. 8.1 Sec. 9. [148.906] [LEVELS OF PRACTICE.] 8.2 The board may grant licenses for levels of psychological 8.3 practice to be known as (1) licensed psychologist and (2) 8.4 licensed psychological practitioner. 8.5 Sec. 10. [148.907] [LICENSED PSYCHOLOGIST.] 8.6 Subdivision 1. [EFFECTIVE DATE.] After August 1, 1991, no 8.7 person shall engage in the independent practice of psychology 8.8 unless that person is licensed as a licensed psychologist. 8.9 Subd. 2. [REQUIREMENTS FOR LICENSURE AS A LICENSED 8.10 PSYCHOLOGIST.] To become licensed by the board as a licensed 8.11 psychologist, an applicant shall comply with the following 8.12 requirements: 8.13 (1) pass an examination in psychology; 8.14 (2) pass a professional responsibility examination on the 8.15 practice of psychology; 8.16 (3) pass any other examinations as required by board rules; 8.17 (4) pay nonrefundable fees to the board for applications, 8.18 processing, testing, renewals, and materials; 8.19 (5) have attained the age of majority, be of good moral 8.20 character, and have no unresolved disciplinary action or 8.21 complaints pending in the state of Minnesota or any other 8.22 jurisdiction; 8.23 (6) have a doctoral degree with a major in psychology from 8.24 a regionally accredited educational institution meeting the 8.25 standards the board has established by rule; and 8.26 (7) have completed at least two full years or the 8.27 equivalent of postdoctoral supervised psychological employment. 8.28 Subd. 3. [MASTER'S LEVEL LICENSURE AS A LICENSED 8.29 PSYCHOLOGIST AFTER AUGUST 1, 1991.] (a) A person licensed in 8.30 this state as a licensed consulting psychologist or a licensed 8.31 psychologist before August 1, 1991, qualifies for licensure as a 8.32 licensed psychologist, as described in subdivision 2, at the 8.33 time of license renewal. 8.34 (b) Providing all other licensure requirements have been 8.35 satisfactorily met, the board shall grant licensure as a 8.36 licensed psychologist to a person who: 9.1 (1) before November 1, 1991, entered a graduate program at 9.2 a regionally accredited educational institution granting a 9.3 master's or doctoral degree with a major in psychology which 9.4 meets the standards the board has established by rule; 9.5 (2) before December 31, 1997, earned a master's degree or a 9.6 master's equivalent in a doctoral program at a regionally 9.7 accredited educational institution and complied with 9.8 requirements of subdivision 2, clauses (1) to (5), except that 9.9 the nonrefundable fees for licensure are payable at the time an 9.10 application for licensure is submitted; and 9.11 (3) before December 31, 1998, completed at least two full 9.12 years or the equivalent of post-master's supervised 9.13 psychological employment, which may include a predoctoral 9.14 internship. 9.15 (c) Notwithstanding paragraph (b), the board shall not 9.16 grant licensure as a licensed psychologist under this 9.17 subdivision unless the applicant demonstrates that the applicant 9.18 was a resident of Minnesota on October 31, 1992, and meets all 9.19 the requirements for licensure under this subdivision. 9.20 Subd. 4. [CONVERTING FROM MASTER'S TO DOCTORAL LEVEL 9.21 LICENSURE.] To convert from licensure as a licensed psychologist 9.22 at the master's or master's equivalent level to licensure at the 9.23 doctoral level, a licensed psychologist shall have: 9.24 (1) completed an application provided by the board; 9.25 (2) had an official transcript documenting the conferral of 9.26 the doctoral degree sent directly from the educational 9.27 institution to the board; 9.28 (3) paid a nonrefundable fee; 9.29 (4) successfully completed two full years or the equivalent 9.30 of supervised psychological employment, which shall not include 9.31 a predoctoral internship, after earning a master's degree or a 9.32 master's equivalent in a doctoral program; 9.33 (5) successfully completed a predoctoral internship meeting 9.34 the standards the board has established by rule; and 9.35 (6) received a doctoral degree with a major in psychology 9.36 from a regionally accredited educational institution meeting the 10.1 standards the board has established by rule. 10.2 Sec. 11. [148.908] [LICENSED PSYCHOLOGICAL PRACTITIONER.] 10.3 Subdivision 1. [SCOPE OF PRACTICE.] A licensed 10.4 psychological practitioner shall practice only under supervision 10.5 that satisfies the requirements of section 148.925 and while 10.6 employed by either a licensed psychologist or a health care or 10.7 social service agency which employs or contracts with a 10.8 supervising licensed psychologist who shares clinical 10.9 responsibility for the care provided by the licensed 10.10 psychological practitioner. 10.11 Subd. 2. [REQUIREMENTS FOR LICENSURE AS A LICENSED 10.12 PSYCHOLOGICAL PRACTITIONER.] To become licensed by the board as 10.13 a licensed psychological practitioner, an applicant shall comply 10.14 with the following requirements: 10.15 (1) pass an examination in psychology; 10.16 (2) pass a professional responsibility examination on the 10.17 practice of psychology; 10.18 (3) pass any other examinations as required by board rules; 10.19 (4) pay nonrefundable fees to the board for applications, 10.20 processing, testing, renewals, and materials; 10.21 (5) attained the age of majority, be of good moral 10.22 character, and have no unresolved disciplinary action or 10.23 complaints pending in the state of Minnesota or any other 10.24 jurisdiction; and 10.25 (6) have received a doctoral or master's degree or the 10.26 equivalent of a master's degree in a doctoral program with a 10.27 major in psychology from a regionally accredited educational 10.28 institution meeting the standards the board has established by 10.29 rule. 10.30 Sec. 12. Minnesota Statutes 1994, section 148.911, is 10.31 amended to read: 10.32 148.911 [CONTINUING EDUCATION.] 10.33 When the licensee renews the license, the licensee must10.34 provide the board with satisfactory evidence that the licensee10.35 has completed continuing education requirements established by10.36 the board. Continuing education programs must be approved under11.1 section 148.905, subdivision 1, clause (9). The board shall11.2 establish by rule the number of continuing education training11.3 hours required each year and may specify subject or skills areas11.4 that the licensee must address. In specifying subject or skills11.5 areas, the board shall consider the need for continuing11.6 education requirements in the areas of ethics, forensic11.7 practice, and supervision.11.8 Upon application for license renewal, a licensee shall 11.9 provide the board with satisfactory evidence that the licensee 11.10 has completed continuing education requirements established by 11.11 the board. Continuing education programs shall be approved 11.12 under section 148.905, subdivision 1, clause (9). The board 11.13 shall establish by rule the number of continuing education 11.14 training hours required each year and may specify subject or 11.15 skills areas that the licensee shall address. 11.16 Sec. 13. [148.915] [RECIPROCITY.] 11.17 The board may grant a license to a diplomate of the 11.18 American Board of Professional Psychology or to any person who 11.19 at the time of application is licensed, certified, or registered 11.20 to practice psychology by a board of another state and who meets 11.21 the licensure requirements under section 148.907, subdivision 11.22 2. The board, at its discretion, may elect not to require the 11.23 examination in psychology under section 148.907, subdivision 2, 11.24 clause (1), if the person was licensed in another state before 11.25 the examination was required for licensure in that state. The 11.26 board, at its discretion, may grant a license as a licensed 11.27 psychologist to a person who at the time of application is 11.28 licensed, certified, or registered at the doctoral level for at 11.29 least 15 years to practice psychology in another jurisdiction, 11.30 and has had no disciplinary action taken against the license, 11.31 certificate, or registration during the person's entire period 11.32 of licensure, certification, or registration, but who has 11.33 completed fewer than two years of postdegree supervised 11.34 employment. An applicant seeking licensure under this section 11.35 shall pass a professional responsibility examination on the 11.36 practice of psychology and any other examinations as required by 12.1 the board. 12.2 Sec. 14. [148.916] [GUEST LICENSURE.] 12.3 Subdivision 1. [GENERALLY.] If a nonresident of the state 12.4 of Minnesota, who is not seeking licensure in this state, and 12.5 who has been issued a license, certificate, or registration by 12.6 another jurisdiction to practice psychology at the doctoral 12.7 level, wishes to practice in Minnesota for more than seven 12.8 calendar days, the person shall apply to the board for guest 12.9 licensure, provided that the psychologist's practice in 12.10 Minnesota is limited to no more than 30 days per calendar year. 12.11 Application under this section shall be made no less than 30 12.12 days prior to the expected date of practice in Minnesota and 12.13 shall be subject to approval by the board or its designee. The 12.14 board shall charge a nonrefundable fee for guest licensure. The 12.15 board shall adopt rules to implement this section. 12.16 Subd. 2. [PSYCHOLOGICAL CONSULTATIONS.] Notwithstanding 12.17 subdivision 1, a nonresident of the state of Minnesota, who is 12.18 not seeking licensure in this state, may serve as an expert 12.19 witness, presenter, or educator without obtaining guest 12.20 licensure, provided the person is appropriately trained, 12.21 educated, or has been issued a license, certificate, or 12.22 registration by another jurisdiction. 12.23 Subd. 3. [DISASTER OR EMERGENCY RELIEF WORKERS.] The 12.24 requirements of subdivision 1 do not apply to psychologists sent 12.25 to this state for the sole purpose of responding to a disaster 12.26 or emergency relief effort of this state government, the federal 12.27 government, the American Red Cross, or other disaster or 12.28 emergency relief organization as long as the psychologist is not 12.29 practicing in Minnesota for longer than 30 days and the American 12.30 Red Cross, disaster or emergency relief organization, or 12.31 government can certify the psychologist's assignment in this 12.32 state. The board or its designee, at its discretion, may grant 12.33 an extension to the 30-day time limitation of this subdivision. 12.34 Subd. 4. [PROHIBITIONS AND SANCTIONS.] A person's 12.35 privilege to practice under this section is subject to the 12.36 prohibitions and sanctions for unprofessional or unethical 13.1 conduct contained in Minnesota laws and rules. 13.2 Sec. 15. Minnesota Statutes 1994, section 148.925, is 13.3 amended to read: 13.4 148.925 [SUPERVISION.] 13.5 Subdivision 1. [SUPERVISION.] For the purpose of meeting 13.6 the requirements of this section, supervision means documented 13.7 in-person consultation between either: (1) a supervising 13.8 licensed psychologist and a licensed psychological practitioner; 13.9 or (2) a supervising licensed psychologist or a mental health 13.10 professional designated by the supervising licensed psychologist 13.11 and an applicant for licensure as a licensed psychologist. The 13.12 supervision shall be adequate to assure the quality and 13.13 competence of the activities supervised. Supervisory 13.14 consultation shall include discussions on the nature and content 13.15 of the practice of the supervisee, including, but not limited 13.16 to, a review of a representative sample of psychological 13.17 services in the supervisee's practice. 13.18 Subd. 2. [SUPERVISED PSYCHOLOGICAL EMPLOYMENT.] Supervised 13.19 psychological employment means paid or volunteer work experience 13.20 and postdegree training of a person seeking to be licensed as a 13.21 licensed psychologist that involves the professional oversight 13.22 by a licensed psychologist and satisfies the supervision 13.23 requirements in subdivision 5. 13.24 Subd. 3. [PERSONS QUALIFIED TO PROVIDE SUPERVISION.] 13.25 (a) Only the following persons are qualified to provide13.26 supervision for master's degree level applicants for licensure13.27 as a licensed psychologistSupervision of a master's level 13.28 applicant for licensure as a licensed psychologist shall be 13.29 provided by a person: 13.30 (1) who is a licensed psychologist with a13.31 competencycompetencies both in supervision in professionalthe 13.32 practice of psychology and in the area of practiceactivities 13.33 being supervised; and13.34 (2) a person who either is eligible for licensure as a13.35 licensed psychologist under section 148.91 or is eligible for13.36 licensure by reciprocity, and who, in the judgment of the board,14.1 is competent or experienced in supervising professional14.2 psychology and in the area of practice being supervised.who has 14.3 a doctoral degree with a major in psychology, who is employed by 14.4 a regionally accredited educational institution or employed by a 14.5 federal, state, county, or local government institution, agency, 14.6 or research facility, and who has competencies both in 14.7 supervision in the practice of psychology and in the activities 14.8 being supervised, provided the supervision is being provided and 14.9 the activities being supervised occur within that regionally 14.10 accredited educational institution or federal, state, county, or 14.11 local government institution, agency, or research facility; or 14.12 (3) who is eligible for licensure as a licensed 14.13 psychologist by reciprocity with competencies both in 14.14 supervision in the practice of psychology and in the activities 14.15 being supervised. 14.16 (b) ProfessionalSupervision of a doctoral level applicant 14.17 for licensure as a licensed psychologist mustshall be provided 14.18 by a person: 14.19 (1) who meets the requirements of paragraph (a), clause (1)14.20 or (2), andis a licensed psychologist with a doctoral degree 14.21 and with competencies both in supervision in the practice of 14.22 psychology and in the activities being supervised; 14.23 (2) (i) who has a doctorate degree with a major in14.24 psychology, or14.25 (ii)who has a doctoral degree with a major in psychology, 14.26 who is employed by a regionally accredited educational 14.27 institution or is employed by a federal, state, county, or local 14.28 government institution, agency, or research facility, and who 14.29 has competencies both in supervision in the practice of 14.30 psychology and in the activities being supervised, provided the 14.31 supervision is being provided and the activities being 14.32 supervised occur within that regionally accredited educational 14.33 institution or federal, state, county, or local government 14.34 institution, agency, or research facility; 14.35 (3) who is eligible for licensure by reciprocity with 14.36 competencies both in supervision in the practice of psychology 15.1 and in the activities being supervised; or 15.2 (4) who is a licensed psychologist who was licensed by the15.3 board as a psychologistbefore August 1, 1991, and is certified15.4 by the board as competent inwith competencies both in 15.5 supervision of applicants for licensurein the practice of 15.6 psychology and in the activities being supervised. 15.7 Subd. 2.4. [SUPERVISORY CONSULTATION FOR A LICENSED 15.8 PSYCHOLOGICAL PRACTITIONER.] (a)Supervisory consultation 15.9 between a supervising licensed psychologist and a 15.10 supervised licensed psychological practitioner mustshall be at 15.11 least one hour in duration and shall occur on a one-to-onean 15.12 individual, in-person basis at a ratio of at least. A minimum 15.13 of one hour of supervision per month is required for the initial 15.14 20 or fewer hours of psychological services delivered per 15.15 month and no less than one hour a month. The consultation must15.16 be at least one hour in duration. For each additional 20 hours 15.17 of psychological services delivered per month, an additional 15.18 hour of supervision must occurper month is required. However,15.19 ifWhen more than 20 hours of psychological services are 15.20 provided in a week, no time periodmore than one hour of 15.21 supervision beyond one houris required per week is required,15.22 but supervision must be adequate to assure the quality and15.23 competence of the services. Supervisory consultation must15.24 include discussions on the nature and content of the practice of15.25 the psychological practitioner, including but not limited to a15.26 review of a representative sample of psychological services in15.27 the supervisee's practice. 15.28 (b)Subd. 5. [SUPERVISORY CONSULTATION FOR AN APPLICANT 15.29 FOR LICENSURE AS A LICENSED PSYCHOLOGIST.] Supervision of an 15.30 applicant for licensure as a licensed psychologist mustshall 15.31 include at least two hours of regularly scheduled face-to-face15.32 in-person consultations aper week for full-time employment, one 15.33 hour of which mustshall be with the supervisor on a one-to-one15.34 an individual basis. The remaining hour may be with other 15.35 master's or doctoral prepared mental health professionals 15.36 designated by the supervisor. The board may approve an 16.1 exception to the weekly supervision requirement for a week when 16.2 the supervisor was ill or otherwise unable to provide 16.3 supervision. The board may prorate the two hours per week of 16.4 supervision for persons preparing for licensure on a part-time 16.5 basis. Supervised psychological employment does not qualify for 16.6 licensure when the supervisory consultation is not adequate as 16.7 described in subdivision 1, or in the board rules. 16.8 Subd. 6. [SUPERVISEE DUTIES.] Persons preparing for 16.9 licensure as a licensed psychologist during their postdegree 16.10 supervised employment may perform as part of their training any 16.11 functions specified in section 148.89, but only under qualified 16.12 supervision. 16.13 Subd. 3.7. [WAIVER OF SUPERVISION REQUIREMENTS.] (a) An 16.14 applicant for licensure as a licensed psychologist who entered 16.15 supervised employment before August 1, 1991, may request a 16.16 waiver from the board of the supervision requirements in this 16.17 section in order to continue supervision under the board rules 16.18 in effect before August 1, 1991. 16.19 (b) The board shall grant a waiver from the supervision 16.20 requirements of subdivision 4 to a licensed psychological 16.21 practitioner who presents evidence of: 16.22 (1) completion of two full years or the equivalent of 16.23 supervised post-master's degree employment, meeting the 16.24 requirements of subdivision 5 as it relates to preparation for 16.25 licensure as a licensed psychologist; 16.26 (2) endorsement for specific areas of competency by the 16.27 licensed psychologist who provided the two years of supervision; 16.28 (3) employment by a hospital or by a community mental 16.29 health center or nonprofit mental health clinic or social 16.30 service agency providing services as a part of the mental health 16.31 service plan required by the comprehensive mental health act; 16.32 (4) the employer's acceptance of clinical responsibility 16.33 for the care provided by the licensed psychological 16.34 practitioner; and 16.35 (5) a plan which is satisfactory to the board for 16.36 supervising the work of the licensed psychological practitioner. 17.1 (c) After December 31, 1993, the supervision requirements 17.2 must be deemed waived for a person who previously received a 17.3 waiver under paragraph (b) and is seeking a new waiver because 17.4 of a change of employment to a different employer or employment 17.5 setting. The deemed waiver continues until the board either 17.6 grants or denies the waiver. A person who has been denied a 17.7 waiver is entitled to appeal the decision using a contested case 17.8 hearing. The person must request a hearing within 30 days after 17.9 receiving notice from the board that the request for a waiver 17.10 has been denied. A deemed waiver under this paragraph continues 17.11 until the appeal has been resolved. 17.12 Sec. 16. Minnesota Statutes 1994, section 148.941, 17.13 subdivision 2, is amended to read: 17.14 Subd. 2. [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 17.15 DISCIPLINARY ACTION.] (a) The board may impose disciplinary 17.16 action as described in paragraph (b) against an applicant or 17.17 licensee whom the board, by a preponderance of the evidence, 17.18 determines: 17.19 (1) has violated a statute, rule, or order that the board 17.20 issued or is empowered to enforce; 17.21 (2) has engaged in fraudulent, deceptive, or dishonest 17.22 conduct, whether or not the conduct relates to the practice of 17.23 psychology, that adversely affects the person's ability or 17.24 fitness to practice psychology; 17.25 (3) has engaged in unprofessional conduct or any other 17.26 conduct which has the potential for causing harm to the public, 17.27 including any departure from or failure to conform to the 17.28 minimum standards of acceptable and prevailing practice without 17.29 actual injury having to be established; 17.30 (4) has been convicted of or has pled guilty or nolo 17.31 contendere to a felony or other crime, an element of which is 17.32 dishonesty or fraud, or has been shown to have engaged in acts 17.33 or practices tending to show that the applicant or licensee is 17.34 incompetent or has engaged in conduct reflecting adversely on 17.35 the applicant's or licensee's ability or fitness to engage in 17.36 the practice of psychology; 18.1 (5) has employed fraud or deception in obtaining or 18.2 renewing a license, or in passing thean examination; 18.3 (6) has had a psychology license, certificate, right18.4 registration, privilege to examinetake an examination, or other 18.5 similar authority denied, revoked, suspended, canceled, limited, 18.6 or not renewed for cause in any state, commonwealth, or18.7 territory of the United States, the District of Columbia, or any18.8 foreign countryjurisdiction; 18.9 (7) has failed to meet any requirement for the issuance or 18.10 renewal of the person's license. The burden of proof is on the 18.11 applicant or licensee to demonstrate the qualifications or 18.12 satisfy the requirements for a license under the psychology 18.13 practice act; 18.14 (8) has failed to cooperate with an investigation of the 18.15 board as required under subdivision 4; or18.16 (9) has violated the code of ethics adopted by the board.18.17 For the purposes of clause (7), the burden of proof is on the18.18 applicant to demonstrate the qualifications or satisfy the18.19 requirements for a license under sections 148.88 to 220.127.116.11 has demonstrated an inability to practice psychology with 18.21 reasonable skill and safety to clients due to any mental or 18.22 physical illness or condition; or 18.23 (10) has engaged in fee splitting. This clause does not 18.24 apply to the distribution of revenues from a partnership, group 18.25 practice, nonprofit corporation, or professional corporation to 18.26 its partners, shareholders, members, or employees if the 18.27 revenues consist only of fees for services performed by the 18.28 licensee or under a licensee's administrative authority. Fee 18.29 splitting includes, but is not limited to: 18.30 (i) paying, offering to pay, receiving, or agreeing to 18.31 receive a commission, rebate, or remuneration, directly or 18.32 indirectly, primarily for the referral of clients; 18.33 (ii) dividing fees with another person or a professional 18.34 corporation, unless the division is in proportion to the 18.35 services provided and the responsibility assumed by each 18.36 professional; 19.1 (iii) referring a client to any health care provider as 19.2 defined in section 144.335 in which the referring licensee has a 19.3 significant financial interest unless the licensee has disclosed 19.4 in advance to the client the licensee's own financial interest; 19.5 and 19.6 (iv) dispensing for profit any instrument, test, procedure, 19.7 or device, unless the licensee has disclosed in advance to the 19.8 client the licensee's own profit interest. 19.9 (b) If grounds for disciplinary action exist under 19.10 paragraph (a), the board may take one or more of the following 19.11 actions: 19.12 (1) refuse to grant or renew a license; 19.13 (2) revoke a license; 19.14 (3) suspend a license; 19.15 (4) impose limitations or conditions on a licensee's 19.16 practice of psychology, including, but not limited to, limiting 19.17 the scope of practice to designated competencies, imposing 19.18 retraining or rehabilitation requirements, requiring the 19.19 licensee to practice under supervision, or conditioning 19.20 continued practice on the demonstration of knowledge or skill by 19.21 appropriate examination or other review of skill and competence; 19.22 (5) censure or reprimand the licensee; or19.23 (6) refuse to permit an applicant to take the licensure 19.24 examination or refuse to release an applicant's examination 19.25 grade if the board finds that it is in the public interest .; or 19.26 (7) impose a civil penalty not exceeding $5,000 for each 19.27 separate violation. The amount of the penalty shall be fixed so 19.28 as to deprive the applicant or licensee of any economic 19.29 advantage gained by reason of the violation charged, or to 19.30 discourage repeated violations. 19.31 (c) In lieu of or in addition to paragraph (b), the board 19.32 may require, as a condition of continued licensure, termination 19.33 of suspension, reinstatement of license, examination, or release 19.34 of examination grades, that the applicant or licensee: 19.35 (1) submit to a quality review, as specified by the board, 19.36 of the applicant's or licensee's ability, skills, or quality of 20.1 work; and 20.2 (2) complete to the satisfaction of the board educational 20.3 courses specified by the board. 20.4 (d) Service of the order is effective if the order is 20.5 served on the applicant, licensee, or counsel of record 20.6 personally or by mail to the most recent address provided to the 20.7 board for the licensee, applicant, or counsel of record. The 20.8 order shall state the reasons for the entry of the order. 20.9 Sec. 17. Minnesota Statutes 1994, section 148.941, 20.10 subdivision 4, is amended to read: 20.11 Subd. 4. [COOPERATION OF APPLICANTAPPLICANTS OR LICENSEE20.12 FORLICENSEES WITH INVESTIGATIONS.] (a) An applicant or licensee 20.13 of the board who is the subject of an investigation or who is 20.14 questioned in connection with an investigation by or on behalf 20.15 of the board shall cooperate fully with the investigation. 20.16 Cooperation includes responding fully and promptly to any 20.17 question raised by or on behalf of the board relating to the 20.18 subject of the investigation, executing all releases requested 20.19 by the board, providing copies of client records, as reasonably 20.20 requested by the board to assist it in its investigation, and 20.21 appearing at conferences or hearings scheduled by the board or 20.22 its staff. The board shall pay reasonable costs for copies20.23 requested.20.24 (b) If the board does not have a written consent from a 20.25 client permitting access to the client's records, the licensee 20.26 may delete any data in the record which identifiesidentify the 20.27 client before providing it to the board. The board shall 20.28 maintain any records obtained pursuant to this section as 20.29 investigative data pursuant to chapter 13. 20.30 Sec. 18. Minnesota Statutes 1994, section 148.941, is 20.31 amended by adding a subdivision to read: 20.32 Subd. 5. [EVIDENCE OF PAST SEXUAL CONDUCT.] In a 20.33 proceeding for the suspension or revocation of a license or 20.34 other disciplinary action for unethical or unprofessional 20.35 conduct involving sexual contact with a client or former client, 20.36 the board or administrative law judge shall not consider 21.1 evidence of the client's previous sexual conduct nor shall any 21.2 reference to this conduct be made during the proceedings or in 21.3 the findings, except by motion of the client, unless the 21.4 evidence would be admissible under applicable provisions of 21.5 section 609.347, subdivision 3. 21.6 Sec. 19. Minnesota Statutes 1994, section 148.941, is 21.7 amended by adding a subdivision to read: 21.8 Subd. 6. [VIOLATION.] Persons who engage in the unlicensed 21.9 practice of psychology or who misrepresent themselves as 21.10 psychologists or psychological practitioners are guilty of a 21.11 misdemeanor. 21.12 Sec. 20. Minnesota Statutes 1994, section 148.96, is 21.13 amended to read: 21.14 148.96 [PRESENTATION TO PUBLIC.] 21.15 Subdivision 1. [REQUIREMENTS FOR ADVERTISINGPROFESSIONAL 21.16 IDENTIFICATION.] All psychologists and psychological21.17 practitionerslicensees, when representing themselves to the21.18 public throughin activities relating to the practice of 21.19 psychology, including in written materials or advertising, must21.20 use theirshall identify the academic degree upon which their 21.21 licensure is based, as well as their license status in the21.22 advertising or written materialslevel of licensure. 21.23 Subd. 2. [DISCLOSURE OF EDUCATION.] At the initial 21.24 meeting, a psychologistlicensee shall display or make available 21.25 to each new client accurate information about the qualifications 21.26 and competencies of the psychologistlicensee, in accordance 21.27 with regulations of the board. 21.28 Subd. 3. [REQUIREMENTS FOR REPRESENTATIONS TO THE PUBLIC.] 21.29 Individuals(a) Unless licensed under sections 148.88 to 148.98, 21.30 except as provided in paragraphs (b) through (d), persons shall 21.31 not present themselves or permit themselves to be presented to 21.32 the public as psychologists unless they are licensed under21.33 sections 148.88 to 148.98, except as provided in paragraphs (a)21.34 to (c)by: 21.35 (1) using any title or description of services 21.36 incorporating the words "psychology," "psychological," or 22.1 "psychologist;" or 22.2 (2) representing that the person has expert qualifications 22.3 in an area of psychology. 22.4 (a)(b) Psychologically trained individuals who are 22.5 employed by an educational institution recognized by a regional 22.6 accrediting organization, by a federal, state, county, or local 22.7 government institution, agencies, or research facilities, may 22.8 represent themselves by the title designated by that 22.9 organization. 22.10 (b)(c) A psychologically trained individual from an 22.11 institution described in paragraph (a)(b) may offer lecture 22.12 services and beis exempt from the provisions of this section. 22.13 (c)(d) A person who is preparing for the profession22.14 practice of psychologistpsychology under qualifiedsupervision 22.15 in recognized training institutions or facilitiesin accordance 22.16 with board statutes and rules may be designated as a 22.17 "psychological intern," "psychological trainee," or by other 22.18 terms clearly describing the person's training status. 22.19 (d)(e) Nothing in this section shall be construed to 22.20 prohibit the practice of school psychology by a person licensed 22.21 in accordance with chapter 125. 22.22 Subd. 4. [PERSONS OR TECHNIQUES NOT REGULATED BY THIS 22.23 BOARD.] (a) Nothing in sections 148.88 to 148.98 shall be 22.24 construed to limit the occupational pursuits consistent with 22.25 their training and codes of ethics of professionals such as 22.26 teachers in recognized public and private schools, members of 22.27 the clergy, physicians, social workers, school psychologists, 22.28 alcohol or drug counselors, optometrists, or attorneys. 22.29 However, in such performance any title used shall be in 22.30 accordance with section 148.96. 22.31 (b) Use of psychological techniques by business and 22.32 industrial organizations for their own personnel purposes or by 22.33 employment agencies or state vocational rehabilitation agencies 22.34 for the evaluation of their own clients prior to recommendation 22.35 for employment is also specifically allowed. However, no 22.36 representative of an industrial or business firm or corporation 23.1 may sell, offer, or provide any psychological services as 23.2 specified in section 148.89 unless such services are performed 23.3 or supervised by individuals licensed under sections 148.88 to 23.4 148.98. 23.5 Subd. 5. [OTHER PROFESSIONS NOT AUTHORIZED.] Nothing in 23.6 sections 148.88 to 148.98 shall be construed to authorize a 23.7 person licensed under sections 148.88 to 148.98 to engage in the 23.8 practice of any profession regulated under Minnesota law unless 23.9 the person is duly licensed or registered in that profession. 23.10 Sec. 21. Minnesota Statutes 1994, section 148.975, is 23.11 amended to read: 23.12 148.975 [DUTY TO WARN; LIMITATION ON LIABILITY; VIOLENT 23.13 BEHAVIOR OF PATIENT.] 23.14 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 23.15 subdivision apply to this section and section 148.976. 23.16 (b) "Other person" means an immediate family member or 23.17 someone who personally knows the patientclient and has reason 23.18 to believe the patientclient is capable of and will carry out 23.19 the serious, specific threat of harm to a specific, clearly 23.20 identified or identifiable victim. 23.21 (c) "Practitioner" means a psychologist, school23.22 psychologist, nurse, chemical dependency counselor, or social23.23 worker who is licensed by the state or who performs23.24 psychotherapy within a program or facility licensed by the state23.25 or established pursuant to rules adopted under section 245.69,23.26 subdivision 2.23.27 (d) "Psychotherapy" means the professional treatment,23.28 assessment, or counseling of a mental or emotional illness,23.29 symptom, or condition.23.30 (e)"Reasonable efforts" means communicating the serious, 23.31 specific threat to the potential victim and if unable to make 23.32 contact with the potential victim, communicating the serious, 23.33 specific threat to the law enforcement agency closest to the 23.34 potential victim or the patientclient. 23.35 Subd. 2. [LIABILITY STANDARD.] No monetary liability and23.36 no cause of action may arise against a practitioner for failure24.1 to predict, warn of, or take reasonable precautions to provide24.2 protection from, a patient's violent behavior, unless the24.3 patient or other person has communicated to the practitioner a24.4 specific, serious threat of physical violence against a24.5 specific, clearly identified or identifiable potential victim.24.6 Subd. 3.[DUTY TO WARN.] The duty to predict, warn of, or 24.7 take reasonable precautions to provide protection from, violent 24.8 behavior arises only under the limited circumstances specified24.9 in subdivision 2when a client or other person has communicated 24.10 to the licensee a specific, serious threat of physical violence 24.11 against a specific, clearly identified or identifiable potential 24.12 victim. If a duty to warn arises, the duty is discharged by the 24.13 practitionerlicensee if reasonable efforts, as defined in 24.14 subdivision 1, paragraph (c), are made to communicate the threat 24.15 to the potential victim. 24.16 Subd. 3. [LIABILITY STANDARD.] If no duty to warn exists 24.17 under subdivision 2, then no monetary liability and no cause of 24.18 action may arise against a licensee for failure to predict, warn 24.19 of, or take reasonable precautions to provide protection from, a 24.20 client's violent behavior. 24.21 Subd. 4. [DISCLOSURE OF CONFIDENCES.] No monetary24.22 liability and no cause of action, or disciplinary action by the24.23 state board of psychology or board of nursing may arise against24.24 a practitioner for disclosing confidences to third parties in a24.25 good-faith effort to discharge a duty arising under this24.26 section.Good faith compliance with the duty to warn shall not 24.27 constitute a breach of confidence and shall not result in 24.28 monetary liability or a cause of action against the licensee. 24.29 Subd. 5. [CONTINUITY OF CARE.] Nothing in subdivision 32 24.30 shall be construed to authorize a practitionerlicensee to 24.31 terminate treatment of a patientclient as a direct result of 24.32 a patient'sclient's violent behavior or threat of physical 24.33 violence unless the patientclient is referred to another 24.34 practitioner or appropriate health care facility. 24.35 Subd. 6. [EXCEPTION.] This section does not apply to a 24.36 threat to commit suicide or other threats by a patientclient to 25.1 harm the patientclient, or to a threat by a patientclient who 25.2 is adjudicated mentally ill and dangerous under chapter 253B. 25.3 Subd. 7. [OPTIONAL DISCLOSURE.] Nothing in section 148.975 25.4 shall be construed to prohibit a licensee from disclosing 25.5 confidences to third parties in a good-faith effort to warn 25.6 against or take precautions against a client's violent behavior 25.7 or threat to commit suicide for which a duty to warn does not 25.8 arise. 25.9 Subd. 8. [LIMITATION ON LIABILITY.] No monetary liability 25.10 and no cause of action, or disciplinary action by the board may 25.11 arise against a licensee for disclosure of confidences to third 25.12 parties, for failure to disclose confidences to third parties, 25.13 or for erroneous disclosure of confidences to third parties in a 25.14 good-faith effort to warn against or take precautions against a 25.15 client's violent behavior or threat of suicide for which a duty 25.16 to warn does not arise. 25.17 Sec. 22. Minnesota Statutes 1994, section 148.98, is 25.18 amended to read: 25.19 148.98 [ CODE OF ETHICSRULES OF CONDUCT.] 25.20 The board shall adopt a code of ethicsrules of conduct to 25.21 govern an applicant's or licensee's practices or behavior. The 25.22 board shall publish the coderules in the State Register and 25.23 file the coderules with the secretary of state at least 30 days 25.24 prior to the effective date of the coderules. The code of25.25 ethicsrules of conduct shall include, but is not limited to, 25.26 the principles in paragraphs (a) tothrough (c). 25.27 (a) The psychologistApplicants or licensees shall 25.28 recognize the boundaries of the psychologist'stheir competence 25.29 and the limitationlimitations of the psychologist'stheir 25.30 techniques and shall not offer services or use techniques that 25.31 fail to meet usual and customary professional standards. 25.32 (b) The psychologistAn applicant or licensee who engages 25.33 in practice shall assist clients in obtaining professional help 25.34 for all important aspects of theirthe client's problems that 25.35 fall outside the boundaries of the psychologist'sapplicant's or 25.36 licensee's competence. 26.1 (c) A psychologistApplicants or licensees shall not claim 26.2 either directly or by implication professional qualifications 26.3 that differ from the psychologist'stheir actual qualifications, 26.4 nor shall the psychologistthey misrepresent the psychologist's26.5 affiliationtheir affiliations with any institution, 26.6 organization, or individual, nor lead others to assume an26.7 affiliationaffiliations that doesdo not exist. 26.8 Sec. 23. Minnesota Statutes 1994, section 253B.02, 26.9 subdivision 11, is amended to read: 26.10 Subd. 11. [LICENSED PSYCHOLOGIST.] "Licensed psychologist" 26.11 means a person as defined by section 148.91, subdivision26.12 4licensed by the board of psychology and possessing the 26.13 qualifications for licensure provided in section 148.907. 26.14 Sec. 24. [REPEALER.] 26.15 Minnesota Statutes 1994, sections 148.89, subdivisions 6, 26.16 7, and 8; 148.91; 148.93; 148.951; and 148.97; and Minnesota 26.17 Statutes 1995 Supplement, section 148.921, are repealed.