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Minnesota Legislature

Office of the Revisor of Statutes

SF 955

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 05/18/2019 03:41pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to health licensing; making technical changes; expanding duty to warn
and reciprocity for certain mental health professionals and social workers; amending
Minnesota Statutes 2018, sections 148B.56; 148B.593; 148E.240, subdivision 6;
148F.03; 148F.13, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 148B.56, is amended to read:


148B.56 RECIPROCITY.

new text begin Subdivision 1. new text end

new text begin Persons licensed in another jurisdiction for less than five years. new text end

The
board may issue a license to an individual who holds a current license or other credential
from another jurisdiction if the board finds that the requirements for that credential are
substantially similar to the requirements in sections 148B.50 to 148B.593.

new text begin Subd. 2. new text end

new text begin Persons licensed in another jurisdiction for five or more years. new text end

new text begin (a) The
board may issue a license to an individual who holds a current license or other credential
in good standing from another jurisdiction if the board finds that the individual has been in
active practice for a minimum of five years after receiving licensure or other credential.
new text end

new text begin (b) The board shall determine, based on the individual's experience and qualifications,
whether the individual is granted the licensed professional counselor license or the licensed
professional clinical counselor license.
new text end

Sec. 2.

Minnesota Statutes 2018, section 148B.593, is amended to read:


148B.593 DISCLOSURE OF INFORMATION.

(a) A person licensed under sections 148B.50 to 148B.593 may not disclose without
written consent of the client any communication made by the client to the licensee in the
course of the practice of professional counseling, nor may any employee of the licensee
reveal the information without the consent of the employer or client except as provided
under section 626.556 or 626.557.

(b) For purposes of sections 148B.50 to 148B.593, the confidential relations and
communications between the licensee and a client are placed upon the same basis as those
that exist between a licensed psychologist and client. Nothing in sections 148B.50 to
148B.593 may be construed to require any communications to be disclosed except by court
order new text beginor as provided in paragraph (c)new text end.

new text begin (c) Private information may be disclosed without the consent of the client when a duty
to warn arises, or as otherwise provided by law or court order. The duty to warn of, or take
reasonable precautions to provide protection from, violent behavior arises only when a client
or other person has communicated to the provider a specific, serious threat of physical
violence to self or a specific, clearly identified or identifiable potential victim. If a duty to
warn arises, the duty is discharged by the provider if reasonable efforts are made to
communicate the threat to law enforcement agencies, the potential victim, the family of the
client, or appropriate third parties who are in a position to prevent or avert the harm. No
monetary liability and no cause of action or disciplinary action by the board may arise
against a provider for disclosure of confidences to third parties, for failure to disclose
confidences to third parties, or for erroneous disclosure of confidences to third parties in a
good faith effort to warn against or take precautions against a client's violent behavior or
threat of suicide.
new text end

new text begin (d) For purposes of this section, (1) "provider" includes a licensee, an applicant for
licensure, and a student or intern practicing professional counseling or professional clinical
counseling under supervision as part of an accredited graduate educational program or under
a supervised postgraduate experience in professional counseling or professional clinical
counseling required for licensure; (2) "other person" means an immediate family member
or someone who personally knows the client and has reason to believe the client is capable
of and will carry out the serious, specific threat of harm to a specific, clearly identified, or
identifiable victim; and (3) "reasonable efforts" means communicating the serious, specific
threat to the potential victim and if unable to make contact with the potential victim,
communicating the serious, specific threat to the law enforcement agency closest to the
potential victim of the client.
new text end

Sec. 3.

Minnesota Statutes 2018, section 148E.240, subdivision 6, is amended to read:


Subd. 6.

Duty to warn.

new text begin(a) new text endA licensee must comply with the duty to warn established
by section 148.975.

new text begin (b) For purposes of this subdivision, "licensee" includes interns and students.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2018, section 148F.03, is amended to read:


148F.03 RECIPROCITY.

new text begin Subdivision 1. new text end

new text begin Persons licensed or credentialed in another jurisdiction for less than
five years.
new text end

(a) An individual who holds a current license or national certification as an
alcohol and drug counselor from another jurisdiction must file with the board a completed
application for licensure by reciprocity containing the information required in this section.

(b) The applicant must request the credentialing authority of the jurisdiction in which
the credential is held to send directly to the board a statement that the credential is current
and in good standing, the applicant's qualifications that entitled the applicant to the credential,
and a copy of the jurisdiction's credentialing laws and rules that were in effect at the time
the applicant obtained the credential.

(c) The board shall issue a license if the board finds that the requirements which the
applicant met to obtain the credential from the other jurisdiction were substantially similar
to the current requirements for licensure in this chapter and that the applicant is not otherwise
disqualified under section 148F.09.

new text begin Subd. 2. new text end

new text begin Persons licensed or credentialed in another jurisdiction for five or more
years.
new text end

new text begin (a) An individual who holds a current license or national certification as an alcohol
and drug counselor from another jurisdiction must file with the board a completed application
for licensure by reciprocity containing the information required in this section.
new text end

new text begin (b) The applicant must request the credentialing authority of the jurisdiction in which
the credential is held to send directly to the board a statement that the credential is current
and in good standing.
new text end

new text begin (c) The board may issue a license if the board finds that the applicant has been in active
practice in good standing for a minimum of five years after receiving licensure or other
credential.
new text end

new text begin (d) The board shall determine, based on the applicant's experience and qualifications,
whether the applicant is granted the licensed alcohol and drug counselor license or other
credential regulated by the board.
new text end

Sec. 5.

Minnesota Statutes 2018, section 148F.13, subdivision 2, is amended to read:


Subd. 2.

Duty to warn; limitation on liability.

(a) Private information may be disclosed
without the consent of the client when a duty to warn arises, or as otherwise provided by
law or court order. The duty to warn of, or take reasonable precautions to provide protection
from, violent behavior arises only when a client or other person has communicated to the
provider a specific, serious threat of physical violence to self or a specific, clearly identified
or identifiable potential victim. If a duty to warn arises, the duty is discharged by the provider
if reasonable efforts are made to communicate the threat to law enforcement agencies, the
potential victim, the family of the client, or appropriate third parties who are in a position
to prevent or avert the harm. No monetary liability and no cause of action or disciplinary
action by the board may arise against a provider for disclosure of confidences to third parties,
for failure to disclose confidences to third parties, or for erroneous disclosure of confidences
to third parties in a good faith effort to warn against or take precautions against a client's
violent behavior or threat of suicide.

(b) For purposes of this subdivision, "provider" includes alcohol and drug counseling
practicum students and individuals who are participating in a postdegree professional practice
in alcohol and drug counseling.new text begin "Other person" and "reasonable efforts" have the meanings
given in section 148B.593, paragraph (d).
new text end