1.1 A bill for an act
1.2 relating to health occupations; modifying the scope of
1.3 practice for occupational therapists, licensed
1.4 professional counselors, alcohol and drug counselors,
1.5 unlicensed mental health practitioners, and
1.6 pharmacists; appropriating money; amending Minnesota
1.7 Statutes 2002, sections 116J.70, subdivision 2a;
1.8 148.6425, subdivision 3; 148A.01, subdivision 5;
1.9 148B.60, subdivision 3; 148C.01, by adding a
1.10 subdivision; 151.01, subdivision 27; 214.01,
1.11 subdivision 2; 214.04, subdivision 3; 214.10,
1.12 subdivision 9; 609.341, subdivision 17; proposing
1.13 coding for new law in Minnesota Statutes, chapter
1.14 148B; repealing Minnesota Statutes 2002, sections
1.15 148B.60; 148B.61; 148B.63; 148B.64; 148B.65; 148B.66;
1.16 148B.67; 148B.68; 148B.69; 148B.70; 148B.71; 148C.01,
1.17 subdivision 6.
1.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.19 Section 1. Minnesota Statutes 2002, section 116J.70,
1.20 subdivision 2a, is amended to read:
1.21 Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or
1.22 "license" does not include the following:
1.23 (1) any occupational license or registration issued by a
1.24 licensing board listed in section 214.01 or any occupational
1.25 registration issued by the commissioner of health pursuant to
1.26 section 214.13;
1.27 (2) any license issued by a county, home rule charter city,
1.28 statutory city, township, or other political subdivision;
1.29 (3) any license required to practice the following
1.30 occupation regulated by the following sections:
1.31 (i) abstracters regulated pursuant to chapter 386;
2.1 (ii) accountants regulated pursuant to chapter 326A;
2.2 (iii) adjusters regulated pursuant to chapter 72B;
2.3 (iv) architects regulated pursuant to chapter 326;
2.4 (v) assessors regulated pursuant to chapter 270;
2.5 (vi) athletic trainers regulated pursuant to chapter 148;
2.6 (vii) attorneys regulated pursuant to chapter 481;
2.7 (viii) auctioneers regulated pursuant to chapter 330;
2.8 (ix) barbers regulated pursuant to chapter 154;
2.9 (x) beauticians regulated pursuant to chapter 155A;
2.10 (xi) boiler operators regulated pursuant to chapter 183;
2.11 (xii) chiropractors regulated pursuant to chapter 148;
2.12 (xiii) collection agencies regulated pursuant to chapter
2.13 332;
2.14 (xiv) cosmetologists regulated pursuant to chapter 155A;
2.15 (xv) dentists, registered dental assistants, and dental
2.16 hygienists regulated pursuant to chapter 150A;
2.17 (xvi) detectives regulated pursuant to chapter 326;
2.18 (xvii) electricians regulated pursuant to chapter 326;
2.19 (xviii) mortuary science practitioners regulated pursuant
2.20 to chapter 149A;
2.21 (xix) engineers regulated pursuant to chapter 326;
2.22 (xx) insurance brokers and salespersons regulated pursuant
2.23 to chapter 60A;
2.24 (xxi) certified interior designers regulated pursuant to
2.25 chapter 326;
2.26 (xxii) midwives regulated pursuant to chapter 147D;
2.27 (xxiii) nursing home administrators regulated pursuant to
2.28 chapter 144A;
2.29 (xxiv) optometrists regulated pursuant to chapter 148;
2.30 (xxv) osteopathic physicians regulated pursuant to chapter
2.31 147;
2.32 (xxvi) pharmacists regulated pursuant to chapter 151;
2.33 (xxvii) physical therapists regulated pursuant to chapter
2.34 148;
2.35 (xxviii) physician assistants regulated pursuant to chapter
2.36 147A;
3.1 (xxix) physicians and surgeons regulated pursuant to
3.2 chapter 147;
3.3 (xxx) plumbers regulated pursuant to chapter 326;
3.4 (xxxi) podiatrists regulated pursuant to chapter 153;
3.5 (xxxii) practical nurses regulated pursuant to chapter 148;
3.6 (xxxiii) professional fund raisers regulated pursuant to
3.7 chapter 309;
3.8 (xxxiv) psychologists regulated pursuant to chapter 148;
3.9 (xxxv) real estate brokers, salespersons, and others
3.10 regulated pursuant to chapters 82 and 83;
3.11 (xxxvi) registered nurses regulated pursuant to chapter
3.12 148;
3.13 (xxxvii) securities brokers, dealers, agents, and
3.14 investment advisers regulated pursuant to chapter 80A;
3.15 (xxxviii) steamfitters regulated pursuant to chapter 326;
3.16 (xxxix) teachers and supervisory and support personnel
3.17 regulated pursuant to chapter 125;
3.18 (xl) veterinarians regulated pursuant to chapter 156;
3.19 (xli) water conditioning contractors and installers
3.20 regulated pursuant to chapter 326;
3.21 (xlii) water well contractors regulated pursuant to chapter
3.22 103I;
3.23 (xliii) water and waste treatment operators regulated
3.24 pursuant to chapter 115;
3.25 (xliv) motor carriers regulated pursuant to chapter 221;
3.26 (xlv) professional firms regulated under chapter 319B;
3.27 (xlvi) real estate appraisers regulated pursuant to chapter
3.28 82B;
3.29 (xlvii) residential building contractors, residential
3.30 remodelers, residential roofers, manufactured home installers,
3.31 and specialty contractors regulated pursuant to chapter 326;
3.32 (xlviii) licensed professional counselors regulated
3.33 pursuant to chapter 148B;
3.34 (4) any driver's license required pursuant to chapter 171;
3.35 (5) any aircraft license required pursuant to chapter 360;
3.36 (6) any watercraft license required pursuant to chapter
4.1 86B;
4.2 (7) any license, permit, registration, certification, or
4.3 other approval pertaining to a regulatory or management program
4.4 related to the protection, conservation, or use of or
4.5 interference with the resources of land, air, or water, which is
4.6 required to be obtained from a state agency or instrumentality;
4.7 and
4.8 (8) any pollution control rule or standard established by
4.9 the pollution control agency or any health rule or standard
4.10 established by the commissioner of health or any licensing rule
4.11 or standard established by the commissioner of human services.
4.12 Sec. 2. Minnesota Statutes 2002, section 148.6425,
4.13 subdivision 3, is amended to read:
4.14 Subd. 3. [LICENSURE RENEWAL FOUR YEARS OR MORE AFTER
4.15 LICENSURE EXPIRATION DATE.] (a) An individual who requests
4.16 licensure renewal four years or more after the licensure
4.17 expiration date must submit the following:
4.18 (1) a completed and signed application for licensure on
4.19 forms provided by the commissioner;
4.20 (2) the renewal fee and the late fee required under section
4.21 148.6445 if renewal application is based on paragraph (b),
4.22 clause (1), (2), or (3), or the renewal fee required under
4.23 section 148.6445 if renewal application is based on paragraph
4.24 (b), clause (4);
4.25 (3) proof of having met the continuing education
4.26 requirement for the most recently completed two-year continuing
4.27 education cycle; and
4.28 (4) at the time of the next licensure renewal, proof of
4.29 having met the continuing education requirement, which shall be
4.30 prorated based on the number of months licensed during the
4.31 biennial licensure period.
4.32 (b) In addition to the requirements in paragraph (a), the
4.33 applicant must submit proof of one of the following:
4.34 (1) verified documentation of successful completion of 160
4.35 hours of supervised practice approved by the commissioner as
4.36 described in paragraph (c);
5.1 (2) verified documentation of having achieved a qualifying
5.2 score on the credentialing examination for occupational
5.3 therapists or the credentialing examination for occupational
5.4 therapy assistants administered within the past year; or
5.5 (3) documentation of having completed a combination of
5.6 occupational therapy courses or an occupational therapy
5.7 refresher program that contains both a theoretical and clinical
5.8 component approved by the commissioner. Only courses completed
5.9 within one year preceding the date of the application or one
5.10 year after the date of the application qualify for approval; or
5.11 (4) evidence that the applicant holds a current and
5.12 unrestricted credential for the practice of occupational therapy
5.13 in another jurisdiction and that the applicant's credential from
5.14 that jurisdiction has been held in good standing during the
5.15 period of lapse.
5.16 (c) To participate in a supervised practice as described in
5.17 paragraph (b), clause (1), the applicant shall obtain limited
5.18 licensure. To apply for limited licensure, the applicant shall
5.19 submit the completed limited licensure application, fees, and
5.20 agreement for supervision of an occupational therapist or
5.21 occupational therapy assistant practicing under limited
5.22 licensure signed by the supervising therapist and the
5.23 applicant. The supervising occupational therapist shall state
5.24 the proposed level of supervision on the supervision agreement
5.25 form provided by the commissioner. The supervising therapist
5.26 shall determine the frequency and manner of supervision based on
5.27 the condition of the patient or client, the complexity of the
5.28 procedure, and the proficiencies of the supervised occupational
5.29 therapist. At a minimum, a supervising occupational therapist
5.30 shall be on the premises at all times that the person practicing
5.31 under limited licensure is working; be in the room ten percent
5.32 of the hours worked each week by the person practicing under
5.33 limited licensure; and provide daily face-to-face collaboration
5.34 for the purpose of observing service competency of the
5.35 occupational therapist or occupational therapy assistant,
5.36 discussing treatment procedures and each client's response to
6.1 treatment, and reviewing and modifying, as necessary, each
6.2 treatment plan. The supervising therapist shall document the
6.3 supervision provided. The occupational therapist participating
6.4 in a supervised practice is responsible for obtaining the
6.5 supervision required under this paragraph and must comply with
6.6 the commissioner's requirements for supervision during the
6.7 entire 160 hours of supervised practice. The supervised
6.8 practice must be completed in two months and may be completed at
6.9 the applicant's place of work.
6.10 (d) In addition to the requirements in paragraphs (a) and
6.11 (b), the applicant must submit additional information as
6.12 requested by the commissioner to clarify information in the
6.13 application, including information to determine whether the
6.14 applicant has engaged in conduct warranting disciplinary action
6.15 as set forth in section 148.6448. The information must be
6.16 submitted within 30 days after the commissioner's request.
6.17 [EFFECTIVE DATE.] This section is effective the day
6.18 following final enactment.
6.19 Sec. 3. Minnesota Statutes 2002, section 148A.01,
6.20 subdivision 5, is amended to read:
6.21 Subd. 5. [PSYCHOTHERAPIST.] "Psychotherapist" means a
6.22 physician, psychologist, nurse, chemical dependency counselor,
6.23 social worker, member of the clergy, marriage and family
6.24 therapist, mental health service provider, licensed professional
6.25 counselor, or other person, whether or not licensed by the
6.26 state, who performs or purports to perform psychotherapy.
6.27 LICENSED PROFESSIONAL
6.28 COUNSELING
6.29 Sec. 4. [148B.50] [DEFINITIONS.]
6.30 Subdivision 1. [APPLICABILITY.] For the purposes of
6.31 sections 148B.50 to 148B.593, the following terms have the
6.32 meanings given.
6.33 Subd. 2. [APPROVED SUPERVISOR.] "Approved supervisor"
6.34 means a licensed professional counselor, licensed psychologist,
6.35 or other qualified supervisor as determined by the board, who
6.36 has four years of professional counseling experience and
7.1 documents to the board the completion of a training in
7.2 counseling supervision that included content and experiences
7.3 relevant to the supervision of professional counselors.
7.4 Subd. 3. [BOARD.] "Board" means the board of behavioral
7.5 health and therapy established by section 148B.51.
7.6 Subd. 4. [LICENSED PROFESSIONAL COUNSELING.] "Licensed
7.7 professional counseling" means the application of counseling,
7.8 human development, and mental health research, principles, and
7.9 procedures to maintain and enhance the mental health,
7.10 development, personal and interpersonal effectiveness, and
7.11 adjustment to work and life of individuals and families.
7.12 Subd. 5. [SCOPE OF PRACTICE.] (a) The scope of practice of
7.13 a licensed professional counselor includes, but is not limited
7.14 to:
7.15 (1) the implementation of professional counseling treatment
7.16 interventions including evaluation, treatment planning,
7.17 assessment, and referral;
7.18 (2) direct counseling services to individuals, groups, and
7.19 families;
7.20 (3) counseling strategies that effectively respond to
7.21 multicultural populations;
7.22 (4) knowledge of relevant laws and ethics impacting
7.23 practice;
7.24 (5) crisis intervention;
7.25 (6) consultation; and
7.26 (7) program evaluation and applied research.
7.27 (b) For the purposes of paragraph (a), clause (1),
7.28 "professional counseling treatment interventions" means the
7.29 application of cognitive, affective, behavioral, systemic, and
7.30 community counseling strategies which include principles of
7.31 human development, wellness, and pathology. Counselors provide
7.32 mental health services for clients whose symptoms significantly
7.33 interfere with daily functioning and would most likely not
7.34 improve in a reasonable time period without intervention.
7.35 (c) Licensed professional counseling does not include
7.36 activities or services undertaken by persons listed in section
8.1 148B.592, or the performance of any act that licensed
8.2 professional counselors are not educated and trained to perform.
8.3 (d) In order to evaluate and treat mental illness, a
8.4 licensed professional counselor must complete the postgraduate
8.5 training specified in section 245.462, subdivision 18, clause
8.6 (6), or 245.4871, subdivision 27, clause (6).
8.7 Sec. 5. [148B.51] [BOARD OF BEHAVIORAL HEALTH AND
8.8 THERAPY.]
8.9 The board of behavioral health and therapy consists of 13
8.10 members appointed by the governor. Five of the members shall be
8.11 professional counselors licensed or eligible for licensure under
8.12 sections 148B.50 to 148B.593. Five of the members shall be
8.13 alcohol and drug counselors licensed under chapter 148C. Three
8.14 of the members shall be public members as defined in section
8.15 214.02. The board shall annually elect from its membership a
8.16 chair and vice-chair. The board shall appoint and employ an
8.17 executive director who is not a member of the board. Chapter
8.18 214 applies to the board of behavioral health and therapy unless
8.19 superseded by sections 148B.50 to 148B.593.
8.20 Sec. 6. [148B.52] [DUTIES OF THE BOARD.]
8.21 (a) The board of behavioral health and therapy shall:
8.22 (1) establish by rule appropriate techniques, including
8.23 examinations and other methods, for determining whether
8.24 applicants and licensees are qualified under sections 148B.50 to
8.25 148B.593;
8.26 (2) establish by rule standards for professional conduct,
8.27 including adoption of a code of professional ethics and
8.28 requirements for continuing education and supervision;
8.29 (3) issue licenses to individuals qualified under sections
8.30 148B.50 to 148B.593;
8.31 (4) establish by rule standards for initial education
8.32 including coursework for licensure and content of professional
8.33 education;
8.34 (5) establish by rule procedures, including a standard
8.35 disciplinary process, to assess whether individuals licensed as
8.36 licensed professional counselors comply with the board's rules;
9.1 (6) establish, maintain, and publish annually a register of
9.2 current licensees and approved supervisors;
9.3 (7) establish initial and renewal application and
9.4 examination fees sufficient to cover operating expenses of the
9.5 board and its agents;
9.6 (8) educate the public about the existence and content of
9.7 the laws and rules for licensed professional counselors to
9.8 enable consumers to file complaints against licensees who may
9.9 have violated the rules;
9.10 (9) establish rules and regulations pertaining to treatment
9.11 for impaired practitioners; and
9.12 (10) periodically evaluate its rules in order to refine the
9.13 standards for licensing professional counselors and to improve
9.14 the methods used to enforce the board's standards.
9.15 (b) The board may appoint a professional discipline
9.16 committee for each occupational licensure regulated by the
9.17 board, and may appoint a board member as chair. The
9.18 professional discipline committee shall consist of five members
9.19 representative of the licensed occupation and shall provide
9.20 recommendations to the board with regard to rule techniques,
9.21 standards, procedures, and related issues specific to the
9.22 licensed occupation.
9.23 Sec. 7. [148B.53] [REQUIREMENTS FOR LICENSURE.]
9.24 Subdivision 1. [GENERAL REQUIREMENTS.] (a) To be licensed
9.25 as a licensed professional counselor (LPC), an applicant must
9.26 provide evidence satisfactory to the board that the applicant:
9.27 (1) is at least 18 years of age;
9.28 (2) is of good moral character;
9.29 (3) has completed a master's degree program in counseling
9.30 that includes a minimum of 48 semester hours and a supervised
9.31 field experience of not fewer than 700 hours that is counseling
9.32 in nature;
9.33 (4) has submitted to the board a plan for supervision
9.34 during the first 2,000 hours of professional practice;
9.35 (5) has demonstrated competence in professional counseling
9.36 by passing the National Counseling Exam (NCE) administered by
10.1 the National Board for Certified Counselors, Inc. (NBCC)
10.2 including obtaining a passing score on the examination accepted
10.3 by the board based on the determinations made by the NBCC and
10.4 oral and situational examinations if prescribed by the board;
10.5 (6) will conduct all professional activities as a licensed
10.6 professional counselor in accordance with standards for
10.7 professional conduct established by the rules of the board; and
10.8 (7) has declared to the board and agrees to continue to
10.9 declare areas of professional competencies through a statement
10.10 of professional disclosure, describing the intended use of the
10.11 license and the population to be served.
10.12 (b) The degree described in paragraph (a), clause (3), must
10.13 be from a counseling program recognized by the Council for
10.14 Accreditation of Counseling and Related Education Programs
10.15 (CACREP) or from an institution of higher education that is
10.16 accredited by a regional accrediting organization recognized by
10.17 the Council for Higher Education Accreditation (CHEA). Specific
10.18 academic course content and training must meet standards
10.19 established by the CACREP, including course work in the
10.20 following subject areas:
10.21 (1) the helping relationship, including counseling theory
10.22 and practice;
10.23 (2) human growth and development;
10.24 (3) lifestyle and career development;
10.25 (4) group dynamics, processes, counseling, and consulting;
10.26 (5) assessment and appraisal;
10.27 (6) social and cultural foundations, including
10.28 multicultural issues;
10.29 (7) principles of etiology, treatment planning, and
10.30 prevention of mental and emotional disorders and dysfunctional
10.31 behavior;
10.32 (8) family counseling and therapy;
10.33 (9) research and evaluation; and
10.34 (10) professional counseling orientation and ethics.
10.35 (c) To be licensed as a professional counselor, a
10.36 psychological practitioner licensed under section 148.908 need
11.1 only show evidence of licensure under that section and is not
11.2 required to comply with paragraph (a) or (b).
11.3 Subd. 2. [MINIMUM HOUR EFFECTIVE DATE.] The minimum
11.4 semester hour requirement imposed by subdivision 1, paragraph
11.5 (a), clause (3), is not effective until July 1, 2004. This
11.6 subdivision expires July 1, 2005.
11.7 Subd. 3. [FEE.] Each applicant shall pay a nonrefundable
11.8 fee set by the board.
11.9 Sec. 8. [148B.54] [LICENSE RENEWAL REQUIREMENTS.]
11.10 Subdivision 1. [RENEWAL.] Licensees shall renew licenses
11.11 at the time and in the manner established by the rules of the
11.12 board.
11.13 Subd. 2. [CONTINUING EDUCATION.] At the completion of the
11.14 first two years of licensure, a licensee must provide evidence
11.15 satisfactory to the board of completion of 12 additional
11.16 postgraduate semester credit hours in counseling as determined
11.17 by the board. Thereafter, at the time of renewal, each licensee
11.18 shall provide evidence satisfactory to the board that the
11.19 licensee has completed during each two-year period at least the
11.20 equivalent of 40 clock hours of professional postdegree
11.21 continuing education in programs approved by the board and
11.22 continues to be qualified to practice under sections 148B.50 to
11.23 148B.593.
11.24 Sec. 9. [148B.55] [LICENSES; TRANSITION PERIOD.]
11.25 For two years beginning July 1, 2003, the board shall issue
11.26 a license without examination to an applicant if the board
11.27 determines that the applicant satisfies the requirements in
11.28 section 148B.53, subdivision 1, if the applicant is a licensed
11.29 psychological practitioner, a licensed marriage and family
11.30 therapist, or a licensed alcohol and drug counselor, or is in
11.31 the process of being so licensed. An applicant licensed under
11.32 this section must also agree to conduct all professional
11.33 activities as a licensed professional counselor in accordance
11.34 with standards for professional conduct established by the board
11.35 by rule. This section expires July 1, 2005.
11.36 Sec. 10. [148B.56] [RECIPROCITY.]
12.1 The board may issue a license to an individual who holds a
12.2 current license or other credential from another jurisdiction if
12.3 the board finds that the requirements for that credential are
12.4 substantially similar to the requirements in sections 148B.50 to
12.5 148B.593.
12.6 Sec. 11. [148B.58] [NONTRANSFERABILITY OF LICENSES.]
12.7 A professional counseling license is not transferable.
12.8 Sec. 12. [148B.59] [GROUNDS FOR DISCIPLINARY ACTION; FORMS
12.9 OF DISCIPLINARY ACTION; RESTORATION OF LICENSE.]
12.10 (a) The board may impose disciplinary action as described
12.11 in paragraph (b) against an applicant or licensee whom the
12.12 board, by a preponderance of the evidence, determines:
12.13 (1) has violated a statute, rule, or order that the board
12.14 issued or is empowered to enforce;
12.15 (2) has engaged in fraudulent, deceptive, or dishonest
12.16 conduct, whether or not the conduct relates to the practice of
12.17 licensed professional counseling, that adversely affects the
12.18 person's ability or fitness to practice professional counseling;
12.19 (3) has engaged in unprofessional conduct or any other
12.20 conduct which has the potential for causing harm to the public,
12.21 including any departure from or failure to conform to the
12.22 minimum standards of acceptable and prevailing practice without
12.23 actual injury having to be established;
12.24 (4) has been convicted of or has pled guilty or nolo
12.25 contendere to a felony or other crime, an element of which is
12.26 dishonesty or fraud, or has been shown to have engaged in acts
12.27 or practices tending to show that the applicant or licensee is
12.28 incompetent or has engaged in conduct reflecting adversely on
12.29 the applicant's or licensee's ability or fitness to engage in
12.30 the practice of professional counseling;
12.31 (5) has employed fraud or deception in obtaining or
12.32 renewing a license, or in passing an examination;
12.33 (6) has had any counseling license, certificate,
12.34 registration, privilege to take an examination, or other similar
12.35 authority denied, revoked, suspended, canceled, limited, or not
12.36 renewed for cause in any jurisdiction;
13.1 (7) has failed to meet any requirement for the issuance or
13.2 renewal of the person's license. The burden of proof is on the
13.3 applicant or licensee to demonstrate the qualifications or
13.4 satisfy the requirements for a license under the licensed
13.5 professional counseling act;
13.6 (8) has failed to cooperate with an investigation of the
13.7 board;
13.8 (9) has demonstrated an inability to practice professional
13.9 counseling with reasonable skill and safety to clients due to
13.10 any mental or physical illness or condition; or
13.11 (10) has engaged in fee splitting. This clause does not
13.12 apply to the distribution of revenues from a partnership, group
13.13 practice, nonprofit corporation, or professional corporation to
13.14 its partners, shareholders, members, or employees if the
13.15 revenues consist only of fees for services performed by the
13.16 licensee or under a licensee's administrative authority. Fee
13.17 splitting includes, but is not limited to:
13.18 (i) dividing fees with another person or a professional
13.19 corporation, unless the division is in proportion to the
13.20 services provided and the responsibility assumed by each
13.21 professional; and
13.22 (ii) referring a client to any health care provider as
13.23 defined in section 144.335 in which the referring licensee has a
13.24 significant financial interest, unless the licensee has
13.25 disclosed in advance to the client the licensee's own financial
13.26 interest.
13.27 (b) If grounds for disciplinary action exist under
13.28 paragraph (a), the board may take one or more of the following
13.29 actions:
13.30 (1) refuse to grant or renew a license;
13.31 (2) revoke a license;
13.32 (3) suspend a license;
13.33 (4) impose limitations or conditions on a licensee's
13.34 practice of professional counseling, including, but not limited
13.35 to, limiting the scope of practice to designated competencies,
13.36 imposing retraining or rehabilitation requirements, requiring
14.1 the licensee to practice under supervision, or conditioning
14.2 continued practice on the demonstration of knowledge or skill by
14.3 appropriate examination or other review of skill and competence;
14.4 (5) censure or reprimand the licensee;
14.5 (6) refuse to permit an applicant to take the licensure
14.6 examination or refuse to release an applicant's examination
14.7 grade if the board finds that it is in the public interest; or
14.8 (7) impose a civil penalty not exceeding $10,000 for each
14.9 separate violation, the amount of the civil penalty to be fixed
14.10 so as to deprive the physical therapist of any economic
14.11 advantage gained by reason of the violation charged, to
14.12 discourage similar violations or to reimburse the board for the
14.13 cost of the investigation and proceeding, including, but not
14.14 limited to, fees paid for services provided by the office of
14.15 administrative hearings, legal and investigative services
14.16 provided by the office of the attorney general, court reporters,
14.17 witnesses, reproduction of records, board members' per diem
14.18 compensation, board staff time, and travel costs and expenses
14.19 incurred by board staff and board members.
14.20 (c) In lieu of or in addition to paragraph (b), the board
14.21 may require, as a condition of continued licensure, termination
14.22 of suspension, reinstatement of license, examination, or release
14.23 of examination grades, that the applicant or licensee:
14.24 (1) submit to a quality review, as specified by the board,
14.25 of the applicant's or licensee's ability, skills, or quality of
14.26 work; and
14.27 (2) complete to the satisfaction of the board educational
14.28 courses specified by the board.
14.29 (d) Service of the order is effective if the order is
14.30 served on the applicant, licensee, or counsel of record
14.31 personally or by mail to the most recent address provided to the
14.32 board for the licensee, applicant, or counsel of record. The
14.33 order shall state the reasons for the entry of the order.
14.34 Sec. 13. [148B.591] [PROHIBITION AGAINST UNLICENSED
14.35 PRACTICE OR USE OF TITLES.]
14.36 Subdivision 1. [PRACTICE.] After the effective date of
15.1 rules adopted by the board, no individual may engage in the
15.2 practice of licensed professional counseling unless that
15.3 individual holds a valid license or is exempt from licensure
15.4 under section 148B.592.
15.5 Subd. 2. [USE OF TITLES.] After the board adopts rules, no
15.6 individual may be presented to the public by any title or
15.7 practice incorporating the words "licensed professional
15.8 counselor" or "LPC" unless that individual holds a valid license
15.9 issued under sections 148B.50 to 148B.593.
15.10 Sec. 14. [148B.592] [EXCEPTIONS TO LICENSE REQUIREMENT.]
15.11 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections
15.12 148B.50 to 148B.593 prevents members of other professions or
15.13 occupations from performing functions for which they are
15.14 qualified or licensed. This exception includes, but is not
15.15 limited to, licensed physicians, registered nurses, licensed
15.16 practical nurses, licensed psychologists, probation officers,
15.17 attorneys, social workers, marriage and family therapists,
15.18 qualified rehabilitation consultants, natural family planning
15.19 practitioners certified by the American Academy of Natural
15.20 Family Planning, and registered occupational therapists or
15.21 certified occupational therapist assistants. These persons must
15.22 not, however, use a title incorporating the words "licensed
15.23 professional counselor" or otherwise hold themselves out to the
15.24 public by any title or description stating or implying that they
15.25 are licensed to engage in the practice of professional
15.26 counseling unless they are licensed under sections 148B.50 to
15.27 148B.593.
15.28 Subd. 2. [STUDENTS.] Nothing in sections 148B.50 to
15.29 148B.593 prevents a student, intern, or trainee enrolled in an
15.30 accredited program of professional counseling from engaging in
15.31 professional counseling as part of the supervised course of
15.32 study if the person is identified as a "counselor intern."
15.33 Subd. 3. [GOVERNMENT AGENCIES; EDUCATIONAL INSTITUTIONS.]
15.34 Nothing in sections 148B.50 to 148B.593 limits the activities
15.35 and services of, or use of, an official title by a person
15.36 employed as a counselor by a federal, state, county, or
16.1 municipal agency, or public or private educational institution
16.2 if the person is performing the activities within the scope of
16.3 the person's employment.
16.4 Subd. 4. [UNLICENSED PRACTITIONERS.] (a) Nothing in
16.5 sections 148B.50 to 148B.593 prohibits the provision of mental
16.6 health services by an unlicensed mental health practitioner as
16.7 defined in section 148B.60, subdivision 3. This paragraph
16.8 expires July 1, 2004.
16.9 (b) Nothing in this section limits the authority of
16.10 unlicensed complementary and alternative health care
16.11 practitioners to perform services under chapter 146A.
16.12 Subd. 5. [NONRESIDENTS.] A nonresident may engage in the
16.13 practice of professional counseling within the state without a
16.14 license for up to 30 days during any calendar year if the
16.15 nonresident is authorized to provide the services under the law
16.16 of the state or country of residence and the nonresident has
16.17 provided proof of credentials to the board, been found qualified
16.18 to render services in the state, and been granted permission by
16.19 the board to practice.
16.20 Subd. 6. [CLERGY.] Nothing in sections 148B.50 to 148B.593
16.21 limits the activities and services of a rabbi, priest, minister,
16.22 or clergyperson of any religious denomination or sect, provided
16.23 such activities and services are within the scope of the
16.24 performance of regular or specialized ministerial duties.
16.25 Subd. 7. [NONPROFIT ORGANIZATIONS AND CHARITIES.] Nothing
16.26 in sections 148B.50 to 148B.593 limits the activities, services,
16.27 and descriptions of persons offering volunteer or professional
16.28 services for public or private nonprofit organizations or
16.29 charities.
16.30 Sec. 15. [148B.593] [DISCLOSURE OF INFORMATION.]
16.31 (a) A person licensed under sections 148B.50 to 148B.593
16.32 may not disclose without written consent of the client any
16.33 communication made by the client to the licensee in the course
16.34 of the practice of professional counseling, nor may any employee
16.35 of the licensee reveal the information without the consent of
16.36 the employer or client except as provided under section 626.556
17.1 or 626.557.
17.2 (b) For purposes of sections 148B.50 to 148B.593, the
17.3 confidential relations and communications between the licensee
17.4 and a client are placed upon the same basis as those that exist
17.5 between a licensed psychologist and client. Nothing in sections
17.6 148B.50 to 148B.593 may be construed to require any
17.7 communications to be disclosed except by court order.
17.8 Sec. 16. Minnesota Statutes 2002, section 148B.60,
17.9 subdivision 3, is amended to read:
17.10 Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR
17.11 PRACTITIONER.] "Unlicensed mental health practitioner" or
17.12 "practitioner" means a person who provides or purports to
17.13 provide, for remuneration, mental health services as defined in
17.14 subdivision 4. It does not include persons licensed by the
17.15 board of medical practice under chapter 147 or registered by the
17.16 board of medical practice under chapter 147A; the board of
17.17 nursing under sections 148.171 to 148.285; the board of
17.18 psychology under sections 148.88 to 148.98; the board of social
17.19 work under sections 148B.18 to 148B.289; the board of marriage
17.20 and family therapy under sections 148B.29 to 148B.39; the board
17.21 of behavioral health and therapy under sections 148B.50 to
17.22 148B.593; or another licensing board if the person is practicing
17.23 within the scope of the license; members of the clergy who are
17.24 providing pastoral services in the context of performing and
17.25 fulfilling the salaried duties and obligations required of a
17.26 member of the clergy by a religious congregation; American
17.27 Indian medicine men and women; licensed attorneys; probation
17.28 officers; school counselors employed by a school district while
17.29 acting within the scope of employment as school counselors;
17.30 registered occupational therapists; or occupational therapy
17.31 assistants. For the purposes of complaint investigation or
17.32 disciplinary action relating to an individual practitioner, the
17.33 term includes:
17.34 (1) persons employed by a program licensed by the
17.35 commissioner of human services who are acting as mental health
17.36 practitioners within the scope of their employment;
18.1 (2) persons employed by a program licensed by the
18.2 commissioner of human services who are providing chemical
18.3 dependency counseling services; persons who are providing
18.4 chemical dependency counseling services in private practice; and
18.5 (3) clergy who are providing mental health services that
18.6 are equivalent to those defined in subdivision 4.
18.7 Sec. 17. Minnesota Statutes 2002, section 148C.01, is
18.8 amended by adding a subdivision to read:
18.9 Subd. 2a. [BOARD.] "Board" means the board of behavioral
18.10 health and therapy established by section 148B.51.
18.11 [EFFECTIVE DATE.] This section is effective July 1, 2005.
18.12 Sec. 18. Minnesota Statutes 2002, section 151.01,
18.13 subdivision 27, is amended to read:
18.14 Subd. 27. [PRACTICE OF PHARMACY.] "Practice of pharmacy"
18.15 means:
18.16 (1) interpretation and evaluation of prescription drug
18.17 orders;
18.18 (2) compounding, labeling, and dispensing drugs and devices
18.19 (except labeling by a manufacturer or packager of
18.20 nonprescription drugs or commercially packaged legend drugs and
18.21 devices);
18.22 (3) participation in clinical interpretations and
18.23 monitoring of drug therapy for assurance of safe and effective
18.24 use of drugs;
18.25 (4) participation in drug and therapeutic device selection;
18.26 drug administration for first dosage and medical emergencies;
18.27 drug regimen reviews; and drug or drug-related research;
18.28 (5) participation in administration of influenza and
18.29 pneumococcal vaccine to individuals over 18 years of age under
18.30 standing orders from a physician licensed under chapter 147 or
18.31 by written protocol with a physician provided that:
18.32 (i) the pharmacist is trained in a program approved by the
18.33 American Council of Pharmaceutical Education for the
18.34 administration of immunizations or graduated from a college of
18.35 pharmacy in 2001 or thereafter; and
18.36 (ii) the pharmacist reports the administration of the
19.1 immunization to the patient's primary physician or clinic;
19.2 (6) participation in the practice of managing drug therapy
19.3 and modifying drug therapy, according to section 151.21,
19.4 subdivision 1, on a case-by-case basis according to a written
19.5 protocol between the specific pharmacist and the individual
19.6 dentist, optometrist, physician, podiatrist, or veterinarian who
19.7 is responsible for the patient's care and authorized to
19.8 independently prescribe drugs. Any significant changes in drug
19.9 therapy must be reported by the pharmacist to the patient's
19.10 medical record;
19.11 (6) (7) participation in the storage of drugs and the
19.12 maintenance of records;
19.13 (7) (8) responsibility for participation in patient
19.14 counseling on therapeutic values, content, hazards, and uses of
19.15 drugs and devices; and
19.16 (8) (9) offering or performing those acts, services,
19.17 operations, or transactions necessary in the conduct, operation,
19.18 management, and control of a pharmacy.
19.19 Sec. 19. Minnesota Statutes 2002, section 214.01,
19.20 subdivision 2, is amended to read:
19.21 Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related
19.22 licensing board" means the board of examiners of nursing home
19.23 administrators established pursuant to section 144A.19, the
19.24 office of unlicensed complementary and alternative health care
19.25 practice established pursuant to section 146A.02, the board of
19.26 medical practice created pursuant to section 147.01, the board
19.27 of nursing created pursuant to section 148.181, the board of
19.28 chiropractic examiners established pursuant to section 148.02,
19.29 the board of optometry established pursuant to section 148.52,
19.30 the board of physical therapy established pursuant to section
19.31 148.67, the board of psychology established pursuant to section
19.32 148.90, the board of social work pursuant to section 148B.19,
19.33 the board of marriage and family therapy pursuant to section
19.34 148B.30, the office of mental health practice established
19.35 pursuant to section 148B.61, the board of behavioral health and
19.36 therapy established by section 148B.51, the alcohol and drug
20.1 counselors licensing advisory council established pursuant to
20.2 section 148C.02, the board of dietetics and nutrition practice
20.3 established under section 148.622, the board of dentistry
20.4 established pursuant to section 150A.02, the board of pharmacy
20.5 established pursuant to section 151.02, the board of podiatric
20.6 medicine established pursuant to section 153.02, and the board
20.7 of veterinary medicine, established pursuant to section 156.01.
20.8 Sec. 20. Minnesota Statutes 2002, section 214.04,
20.9 subdivision 3, is amended to read:
20.10 Subd. 3. [OFFICERS; STAFF.] The executive director of each
20.11 health-related board and the executive secretary of each
20.12 non-health-related board shall be the chief administrative
20.13 officer for the board but shall not be a member of the board.
20.14 The executive director or executive secretary shall maintain the
20.15 records of the board, account for all fees received by it,
20.16 supervise and direct employees servicing the board, and perform
20.17 other services as directed by the board. The executive
20.18 directors, executive secretaries, and other employees of the
20.19 following boards shall be hired by the board, and the executive
20.20 directors or executive secretaries shall be in the unclassified
20.21 civil service, except as provided in this subdivision:
20.22 (1) dentistry;
20.23 (2) medical practice;
20.24 (3) nursing;
20.25 (4) pharmacy;
20.26 (5) accountancy;
20.27 (6) architecture, engineering, land surveying, landscape
20.28 architecture, geoscience, and interior design;
20.29 (7) barber examiners;
20.30 (8) cosmetology;
20.31 (9) electricity;
20.32 (10) teaching;
20.33 (11) peace officer standards and training;
20.34 (12) social work;
20.35 (13) marriage and family therapy; and
20.36 (14) dietetics and nutrition practice; and
21.1 (15) licensed professional counseling.
21.2 The executive directors or executive secretaries serving
21.3 the boards are hired by those boards and are in the unclassified
21.4 civil service, except for part-time executive directors or
21.5 executive secretaries, who are not required to be in the
21.6 unclassified service. Boards not requiring full-time executive
21.7 directors or executive secretaries may employ them on a
21.8 part-time basis. To the extent practicable, the sharing of
21.9 part-time executive directors or executive secretaries by boards
21.10 being serviced by the same department is encouraged. Persons
21.11 providing services to those boards not listed in this
21.12 subdivision, except executive directors or executive secretaries
21.13 of the boards and employees of the attorney general, are
21.14 classified civil service employees of the department servicing
21.15 the board. To the extent practicable, the commissioner shall
21.16 ensure that staff services are shared by the boards being
21.17 serviced by the department. If necessary, a board may hire
21.18 part-time, temporary employees to administer and grade
21.19 examinations.
21.20 Sec. 21. Minnesota Statutes 2002, section 214.10,
21.21 subdivision 9, is amended to read:
21.22 Subd. 9. [ACTS AGAINST MINORS.] (a) As used in this
21.23 subdivision, the following terms have the meanings given them.
21.24 (1) "Licensed person" means a person who is licensed under
21.25 this chapter by the board of nursing, the board of psychology,
21.26 the social work licensing board, the board of marriage and
21.27 family therapy, the board of unlicensed mental health service
21.28 providers, the board of behavioral health and therapy, or the
21.29 board of teaching.
21.30 (2) "Crime against a minor" means conduct that constitutes
21.31 a violation of section 609.185, 609.19, 609.195, 609.20,
21.32 609.205, 609.21, 609.215, 609.221, 609.222, 609.223, 609.342,
21.33 609.343, 609.345, or a felony violation of section 609.377.
21.34 (b) In any license revocation proceeding, there is a
21.35 rebuttable presumption that a licensed person who is convicted
21.36 in a court of competent jurisdiction of committing a crime
22.1 against a minor is unfit to practice the profession or
22.2 occupation for which that person is licensed.
22.3 Sec. 22. Minnesota Statutes 2002, section 609.341,
22.4 subdivision 17, is amended to read:
22.5 Subd. 17. "Psychotherapist" means a person who is or
22.6 purports to be a physician, psychologist, nurse, chemical
22.7 dependency counselor, social worker, marriage and family
22.8 therapist, licensed professional counselor, or other mental
22.9 health service provider; or any other person, whether or not
22.10 licensed by the state, who performs or purports to perform
22.11 psychotherapy.
22.12 Sec. 23. [INITIAL BOARD.]
22.13 Notwithstanding Minnesota Statutes, section 148B.51,
22.14 members of the first board appointed under that section need not
22.15 be licensed, but must meet all qualifications, other than
22.16 payment of fees, to be eligible for licensure under Minnesota
22.17 Statutes, sections 148B.50 to 148B.593.
22.18 Sec. 24. [INTERAGENCY AGREEMENT.]
22.19 The board of behavioral health and therapy and the board of
22.20 psychology may enter into an interagency agreement for shared
22.21 administrative services.
22.22 Sec. 25. [RECOMMENDATIONS FOR MERGING THERAPY-RELATED
22.23 BOARDS.]
22.24 The boards of behavioral health and therapy and marriage
22.25 and family therapy shall develop recommendations on merging the
22.26 two boards into one inclusive board that would encompass the
22.27 regulatory authority for all behavioral therapy licensed
22.28 occupations. The recommendations shall include a timeline for
22.29 accomplishing the merger, the possibility of including other
22.30 occupational-related boards, and all necessary legislative
22.31 changes. These recommendations shall be submitted to the
22.32 legislature by January 15, 2004.
22.33 Sec. 26. [TRANSFER OF POWERS AND DUTIES.]
22.34 Effective July 1, 2005, the powers and duties of the
22.35 commissioner of health under Minnesota Statutes, chapter 148C,
22.36 are transferred to the board of behavioral health and therapy
23.1 created under Minnesota Statutes, section 148B.51, pursuant to
23.2 Minnesota Statutes, section 15.039.
23.3 Sec. 27. [APPROPRIATION.]
23.4 $175,000 in fiscal year 2004 and $145,000 in fiscal year
23.5 2005 are appropriated from the state government special revenue
23.6 fund to the board of behavioral health and therapy for the
23.7 purposes of Minnesota Statutes, sections 148B.50 to 148B.593, to
23.8 be available until July 1, 2005.
23.9 Sec. 28. [REVISOR INSTRUCTION.]
23.10 (a) The revisor of statutes shall insert the "board of
23.11 behavioral health and therapy" or "board" wherever "commissioner
23.12 of health" or "commissioner" appears in Minnesota Statutes,
23.13 chapter 148C, and Minnesota Rules, chapter 4747.
23.14 [EFFECTIVE DATE.] This paragraph is effective July 1, 2005.
23.15 (b) The revisor of statutes shall strike the terms
23.16 "unlicensed mental health practitioner" and "the office of
23.17 unlicensed mental health practitioner" from Minnesota Statutes
23.18 and Minnesota Rules.
23.19 [EFFECTIVE DATE.] This paragraph is effective July 1, 2004.
23.20 Sec. 29. [REPEALER.]
23.21 (a) Minnesota Statutes 2002, sections 148B.60; 148B.61;
23.22 148B.63; 148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69;
23.23 148B.70; and 148B.71, are repealed.
23.24 [EFFECTIVE DATE.] This paragraph is effective July 1, 2004.
23.25 (b) Minnesota Statutes 2002, section 148C.01, subdivision
23.26 6, is repealed.
23.27 [EFFECTIVE DATE.] This paragraph is effective July 1, 2005.
23.28 Sec. 30. [EFFECTIVE DATE.]
23.29 This act is effective July 1, 2003.