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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1985 

                        CHAPTER 262-H.F.No. 1070
           An act relating to occupations and professions; 
          requiring the commissioner of corrections to establish 
          a program to prevent sexual exploitation by 
          psychotherapists; extending the sexual exploitation 
          task force; establishing a legislative study 
          commission on the regulation of psychotherapists; 
          appropriating money; amending Minnesota Statutes 1984, 
          section 241.021, by adding a subdivision; and Laws 
          1984, chapter 631, section 1, subdivisions 1 and 4; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 241. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 241.021, is 
amended by adding a subdivision to read: 
    Subd. 6.  [BACKGROUND STUDIES.] The commissioner of 
corrections is authorized to do background studies on personnel 
employed by any facility serving children or youth that is 
licensed under this section.  A clerk of any court, the bureau 
of criminal apprehension, a prosecuting attorney, a county 
sheriff, or a chief of a local police department, shall assist 
in these studies by providing to the commissioner, or the 
commissioner's representative, all criminal conviction data 
available from local, state, and national criminal history 
record repositories, including the criminal justice data 
communications network, pertaining to the following individuals: 
applicants, operators, all persons living in the household, and 
all staff of any facility subject to background studies under 
this subdivision. 
    Sec. 2.  [611A.24] [PREVENTION OF SEXUAL EXPLOITATION BY 
PSYCHOTHERAPISTS.] 
    The commissioner of corrections shall establish, as part of 
the program for victims of sexual assault, a program of public 
and professional education concerning sexual exploitation by 
psychotherapists.  To the extent of available appropriations, 
the commissioner shall, in consultation with the task force 
established in Laws 1984, chapter 631: 
    (1) develop policy and procedure models and materials for 
use by professionals, professional organizations, educational 
institutions, and employers and supervisors; 
    (2) develop education and training programs for 
professionals, professional organizations, educational 
institutions, and employers and supervisors; 
    (3) collect and distribute information on the problem of 
sexual exploitation by psychotherapists; 
    (4) develop manuals, brochures, and other informational 
materials for distribution to the public, professionals and 
professional organizations, educational institutions, and 
employers and supervisors; 
    (5) educate participants in the administrative, civil, and 
criminal complaint systems on the laws concerning sexual 
exploitation, the rights of victims, and other matters; 
    (6) provide information and referral services, and 
facilitate advocacy, crisis intervention, and other assistance 
to victims of sexual exploitation through existing programs, 
including the state sexual assault network; 
    (7) develop a statement of the rights of psychotherapy 
clients, relating to sexual exploitation, which could be 
included in existing bills of rights; 
    (8) promote public awareness of the problem of sexual 
exploitation and the rights of psychotherapy clients; and 
    (9) provide recommendations to the legislature concerning 
the need for services or legislation. 
    At the request of the legislature, the commissioner shall 
report on the problem of sexual exploitation by psychotherapists 
and the activities of the department under this section. 
    Sec. 3.  Laws 1984, chapter 631, section 1, subdivision 1, 
is amended to read: 
    Subdivision 1.  [CREATION; MEMBERSHIP.] The commissioner of 
corrections shall appoint a task force to study the problem of 
sexual exploitation by counselors and therapists.  The task 
force shall consist of not more than 18 members who are broadly 
representative of the state, including representatives of 
professional organizations, board of medical examiners, board of 
psychology, and board of nursing, agencies and individuals 
offering counseling or therapy services, the legal community, 
appropriate state agencies, women's organizations, mental health 
advocacy organizations, men's organizations, and consumers.  The 
terms, compensation, and removal of members are as provided in 
section 15.059, except that members shall be reimbursed for 
expenses at the discretion of the commissioner within the limits 
of available appropriations. 
    Sec. 4.  Laws 1984, chapter 631, section 1, subdivision 4, 
is amended to read: 
    Subd. 4.  [EXPIRATION.] The task force expires on July 1, 
1985 1986. 
    Sec. 5.  [ADVISORY TASK FORCE ON THE REGULATION OF 
PSYCHOTHERAPISTS.] 
    Subdivision 1.  [TASK FORCE ESTABLISHED.] An advisory task 
force is created to study and report to the commissioner of 
health and the legislature on the need for licensing or 
regulation of currently unregulated occupations, professions, 
and individuals engaging in psychotherapy.  The task force 
consists of no more than 16 members, including a psychologist 
appointed by the board of psychology, a nurse appointed by the 
board of nursing, a psychiatrist appointed by the board of 
medical examiners, and the following members appointed by the 
commissioner of health: 
    (1) a social worker recommended by the Coalition for the 
Legal Regulation of Social Workers; 
    (2) a chemical dependency counselor recommended by the 
Institute for Chemical Dependency Professionals in Minnesota; 
    (3) a marriage and family therapist recommended by the 
Upper Midwest Association for Marriage and Family Therapy; 
    (4) a counselor recommended by the Minnesota Association 
for Counseling and Development; 
    (5) two public members knowledgeable about psychotherapy or 
the regulation of occupations and professions; and 
    (6) up to seven additional members who have knowledge and 
expertise in the procedures and issues related to the regulation 
of occupations and professions. 
    The task force shall report its findings and 
recommendations to the commissioner of health and the 
legislature by June 30, 1986.  In addition to addressing the 
criteria for regulation specified in section 214.001, 
subdivision 2, and other matters the task force considers 
appropriate, the report must address (1) the need to create 
consequences for psychotherapists who exploit, mistreat, or 
otherwise harm a client, including consequences that are 
directly related to their practice of psychotherapy including 
prohibitions of the right to practice; and (2) the need for a 
system of redress with the state, for victims of misconduct by 
psychotherapists, that is directly related to the 
psychotherapist's practice.  Nothing in this section affects or 
delays the status of the application of any group for regulation 
under section 214.13.  The task force expires when its 
responsibilities under this section are completed, but no later 
than June 30, 1987. 
    Sec. 6.  [APPROPRIATION.] 
    $30,000 is appropriated from the general fund to the 
commissioner of corrections for purposes of section 2. 
    Sec. 7.  [REPEALER.] 
    Section 2 is repealed on July 1, 1987. 
    Approved May 30, 1985