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Minnesota Session Laws - 1987, Regular Session

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

  

                         Laws of Minnesota 1987 

                         CHAPTER 347-H.F.No. 290
           An act relating to occupations and professions; 
          establishing an office of social work and mental 
          health boards; establishing a board of social work; 
          regulating and licensing social workers; establishing 
          a board of marriage and family therapy; licensing and 
          regulating marriage and family therapists; 
          establishing a board of unlicensed mental health 
          service providers; regulating unlicensed health 
          service providers; providing penalties; appropriating 
          money; amending Minnesota Statutes 1986, sections 
          144.335, subdivision 1; 148A.01, subdivision 5; 
          214.01, subdivision 2; 214.04, subdivision 3; and 
          609.341, subdivision 17; proposing coding for new law 
          as Minnesota Statutes, chapter 148B. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                               ARTICLE 1 

             OFFICE OF SOCIAL WORK AND MENTAL HEALTH BOARDS 
    Section 1.  [148B.01] [DEFINITIONS.] 
    Subdivision 1.  [TERMS.] For the purposes of this chapter, 
the following terms have the meanings given. 
    Subd. 2.  [OFFICE.] "Office" means the office of social 
work and mental health boards established in section 2. 
    Subd. 3.  [BOARD OF SOCIAL WORK.] "Board of social work" 
means the board of social work established in article 2, section 
2. 
    Subd. 4.  [BOARD OF MARRIAGE AND FAMILY THERAPY.] "Board of 
marriage and family therapy" means the board of marriage and 
family therapy established in article 3, section 2. 
    Subd. 5.  [BOARD OF UNLICENSED MENTAL HEALTH SERVICE 
PROVIDERS.] "Board of unlicensed mental health service providers"
means the board of unlicensed mental health service providers 
established in article 4, section 2. 
    Subd. 6.  [SOCIAL WORK AND MENTAL HEALTH BOARDS.] "Social 
work and mental health boards" or "boards" means the board of 
social work, the board of marriage and family therapy, and the 
board of unlicensed mental health service providers. 
     Subd. 7.  [REGULATED INDIVIDUAL.] "Regulated individual" 
means a person licensed by the board of social work or the board 
of marriage and family therapy, or required to file with the 
board of unlicensed mental health service providers. 
    Sec. 2.  [148B.02] [OFFICE OF SOCIAL WORK AND MENTAL HEALTH 
BOARDS.] 
    Subdivision 1.  [CREATION.] The office of social work and 
mental health boards is established to coordinate the 
administrative and staff functions of the boards of social work, 
marriage and family therapy, and unlicensed mental health 
service providers, and to collect and publish information as 
provided in this chapter.  The office of social work and mental 
health boards consists of an executive secretary and other staff 
as provided in section 214.04. 
    Subd. 2.  [REPORTS.] The office shall compile the report 
required by section 214.07 on behalf of the boards.  The office 
shall present the information according to the category of 
educational credential held by the regulated individual, if 
any.  Notwithstanding section 214.07, the office shall provide 
an interim report including this information to the commissioner 
of health on or before July 1, 1990. 
    Sec. 3.  [148B.03] [APPLICABILITY.] 
    Sections 4 to 17 apply to all of the social work and mental 
health boards and the regulated individuals within their 
respective jurisdictions, unless superseded by an inconsistent 
law that relates specifically to a particular board. 
    Sec. 4.  [148B.04] [DISCLOSURE.] 
    Subdivision 1.  [CLASSIFICATION OF DATA.] Subject to the 
exceptions listed in this subdivision, all communications or 
information received by or disclosed to a board relating to any 
person or matter subject to its regulatory jurisdiction, and all 
records of any action or proceedings thereon, except a final 
decision of the board, are confidential and privileged and any 
disciplinary hearing must be closed to the public.  
    Subd. 2.  [CONTESTED CASE PROCEEDINGS.] Upon application of 
a party in a contested case proceeding before a board, the board 
shall produce and permit the inspection and copying, by or on 
behalf of the moving party, of any designated documents or 
papers relevant to the proceedings, in accordance with rule 34, 
Minnesota rules of civil procedure. 
    Subd. 3.  [INFORMATION ON ADVERSE ACTIONS.] If a board 
imposes disciplinary measures or takes adverse action of any 
kind, the name and business address of the regulated individual, 
the nature of the misconduct, and the action taken by the board 
are public data. 
    Subd. 4.  [EXCHANGE OF INFORMATION.] The boards shall 
exchange information with other boards, agencies, or departments 
within the state, as required under section 214.10, subdivision 
8, paragraph (d), and may release information in the reports 
required under section 2. 
    Sec. 5.  [148B.05] [RIGHT TO PRACTICE.] 
    Subdivision 1.  [ADVERSE ACTION BY A BOARD.] A suspension, 
revocation, condition, limitation, qualification, or restriction 
of a regulated individual's license, filing, or right to 
practice is in effect pending determination of an appeal unless 
the court, upon petition and for good cause shown, orders 
otherwise.  The right to provide services is automatically 
suspended if (1) a guardian of the person of a regulated 
individual is appointed by order of a probate court pursuant to 
sections 525.54 to 525.612, for reasons other than the minority 
of the individual, or (2) the individual is committed by order 
of a probate court pursuant to chapter 253B or sections 526.09 
to 526.11.  The right to provide services remains suspended 
until the individual is restored to capacity by a court and, 
upon petition by the individual, the suspension is terminated by 
the board after a hearing.  In its discretion, a board may 
restore and reissue permission to provide services, but as a 
condition thereof may impose any disciplinary or corrective 
measure that it might originally have imposed.  
    Subd. 2.  [TEMPORARY SUSPENSION OF RIGHT OF PRACTICE.] In 
addition to any other remedy provided by law, a board may, 
without a hearing, temporarily suspend the right of a regulated 
individual to provide services if the board finds that the 
regulated individual has violated a statute or rule that the 
board is empowered to enforce and continued practice would 
create a serious risk of harm to the public.  The suspension is 
effective upon written notice to the individual specifying the 
statute or rule violated and remains in effect until the board 
issues a final order in the matter after a hearing.  At the time 
it issues the suspension notice, the board shall schedule a 
disciplinary hearing to be held pursuant to the administrative 
procedure act.  The individual must be provided with at least 20 
days' notice of any hearing held pursuant to this subdivision.  
The hearing must be scheduled to begin no later than 30 days 
after the suspension order is issued.  
    Sec. 6.  [148B.06] [TAX CLEARANCE CERTIFICATE.] 
    Subdivision 1.  [CERTIFICATE REQUIRED.] A board may not 
issue or renew a filing if the commissioner of revenue notifies 
the board and the regulated individual or applicant for a 
license or filing that the individual or applicant owes the 
state delinquent taxes in the amount of $500 or more.  A board 
may issue or renew a license or filing only if the commissioner 
of revenue issues a tax clearance certificate and the 
commissioner of revenue or the individual or applicant forwards 
a copy of the clearance to the board.  The commissioner of 
revenue may issue a clearance certificate only if the individual 
or applicant does not owe the state any uncontested delinquent 
taxes.  For purposes of this section, "taxes" means all taxes 
payable to the commissioner of revenue, including penalties and 
interest due on those taxes.  "Delinquent taxes" do not include 
a tax liability if (i) an administrative or court action that 
contests the amount or validity of the liability has been filed 
or served, (ii) the appeal period to contest the tax liability 
has not expired, or (iii) the regulated individual or applicant 
has entered into a payment agreement to pay the liability and is 
current with the payments. 
    Subd. 2.  [HEARING.] In lieu of the notice and hearing 
requirements of section 16, when a regulated individual or 
applicant is required to obtain a clearance certificate under 
this subdivision, a contested case hearing must be held if the 
individual or applicant requests a hearing in writing to the 
commissioner of revenue within 30 days of the date of the notice 
required in subdivision 1.  The hearing must be held within 45 
days of the date the commissioner of revenue refers the case to 
the office of administrative hearings.  Notwithstanding any 
other law, the individual or applicant must be served with 20 
days' notice in writing specifying the time and place of the 
hearing and the allegations against the regulated individual or 
applicant.  The notice may be served personally or by mail. 
    Subd. 3.  [INFORMATION REQUIRED.] The boards shall require 
all regulated individuals or applicants to provide their social 
security number and Minnesota business identification number on 
all license or filing applications.  Upon request of the 
commissioner of revenue, the board must provide to the 
commissioner of revenue a list of all regulated individuals and 
applicants, including the name and address, social security 
number, and business identification number.  The commissioner of 
revenue may request a list of the individuals and applicants no 
more than once each calendar year.  Notwithstanding sections 
290.61 and 297A.43, the commissioner of revenue may release 
information necessary to accomplish the purpose of this 
subdivision.  
    Sec. 7.  [148B.07] [REPORTING OBLIGATIONS.] 
    Subdivision 1.  [PERMISSION TO REPORT.] A person who has 
knowledge of any conduct constituting grounds for discipline or 
adverse action relating to licensure or filing under this 
chapter may report the violation to the appropriate board.  
    Subd. 2.  [INSTITUTIONS.] A state agency, political 
subdivision, agency of a local unit of government, private 
agency, hospital, clinic, prepaid medical plan, or other health 
care institution or organization located in this state shall 
report to the appropriate board any action taken by the agency, 
institution, or organization or any of its administrators or 
medical or other committees to revoke, suspend, restrict, or 
condition a regulated individual's privilege to practice or 
treat patients or clients in the institution, or as part of the 
organization, any denial of privileges, or any other adverse 
action or disciplinary action for conduct that might constitute 
grounds for adverse action or disciplinary action by a board 
under this chapter.  The institution or organization shall also 
report the resignation of any regulated individuals prior to the 
conclusion of any disciplinary or adverse action proceeding for 
conduct that might constitute grounds for disciplinary or 
adverse action under this chapter, or prior to the commencement 
of formal charges but after the individual had knowledge that 
formal charges were contemplated or in preparation. 
    Subd. 3.  [PROFESSIONAL SOCIETIES.] A state or local 
professional society for regulated individuals shall report to 
the appropriate board any termination, revocation, or suspension 
of membership or any other disciplinary or adverse action taken 
against a regulated individual.  If the society has received a 
complaint that might be grounds for discipline under this 
chapter against a member on which it has not taken any 
disciplinary or adverse action, the society shall report the 
complaint and the reason why it has not taken action on it or 
shall direct the complainant to the appropriate board.  
    Subd. 4.  [REGULATED INDIVIDUALS AND LICENSED 
PROFESSIONALS.] A regulated individual or a licensed health 
professional shall report to the appropriate board personal 
knowledge of any conduct that the regulated individual or 
licensed health professional reasonably believes constitutes 
grounds for disciplinary or adverse action under this chapter by 
any regulated individual, including conduct indicating that the 
individual may be medically incompetent, or may be medically or 
physically unable to engage safely in the provision of 
services.  If the information was obtained in the course of a 
client relationship, the client is another regulated individual, 
and the treating individual successfully counsels the other 
individual to limit or withdraw from practice to the extent 
required by the impairment, the board may deem this limitation 
of or withdrawal from practice to be sufficient disciplinary 
action. 
    Subd. 5.  [INSURERS.] Four times each year as prescribed by 
a board, each insurer authorized to sell insurance described in 
section 60A.06, subdivision 1, clause (13), and providing 
professional liability insurance to regulated individuals, or 
the medical joint underwriting association under chapter 62F, 
shall submit to the appropriate board a report concerning the 
regulated individuals against whom malpractice settlements or 
awards have been made to the plaintiff.  The report must contain 
at least the following information:  
    (1) the total number of malpractice settlements or awards 
made to the plaintiff;  
    (2) the date the malpractice settlements or awards to the 
plaintiff were made;  
    (3) the allegations contained in the claim or complaint 
leading to the settlements or awards made to the plaintiff;  
    (4) the dollar amount of each malpractice settlement or 
award;  
    (5) the regular address of the practice of the regulated 
individual against whom an award was made or with whom a 
settlement was made; and 
    (6) the name of the regulated individual against whom an 
award was made or with whom a settlement was made.  
    The insurance company shall, in addition to the above 
information, report to the board any information it possesses 
that tends to substantiate a charge that a regulated individual 
may have engaged in conduct violating this chapter.  
    Subd. 6.  [COURTS.] The court administrator of district 
court or any other court of competent jurisdiction shall report 
to the board any judgment or other determination of the court 
that adjudges or includes a finding that a regulated individual 
is mentally ill, mentally incompetent, guilty of a felony, 
guilty of a violation of federal or state narcotics laws or 
controlled substances act, or guilty of an abuse or fraud under 
Medicare or Medicaid; or that appoints a guardian of the 
regulated individual pursuant to sections 525.54 to 525.61 or 
commits a regulated individual pursuant to chapter 253B or 
sections 526.09 to 526.11.  
    Subd. 7.  [SELF-REPORTING.] A regulated individual shall 
report to the appropriate board any personal action that would 
require that a report be filed with the board by any person, 
health care facility, business, or organization pursuant to 
subdivisions 2 to 6. 
    Subd. 8.  [DEADLINES; FORMS.] Reports required by 
subdivisions 2 to 7 must be submitted not later than 30 days 
after the occurrence of the reportable event or transaction.  
The boards may provide forms for the submission of reports 
required by this section, may require that reports be submitted 
on the forms provided, and may adopt rules necessary to assure 
prompt and accurate reporting.  
    Subd. 9.  [SUBPOENAS.] The boards may issue subpoenas for 
the production of any reports required by subdivisions 2 to 7 or 
any related documents. 
    Sec. 8.  [148B.08] [IMMUNITY.] 
    Subdivision 1.  [REPORTING.] Any person, health care 
facility, business, or organization is immune from civil 
liability or criminal prosecution for submitting a report to a 
board under section 7 or for otherwise reporting to the board 
violations or alleged violations of this chapter.  All the 
reports are confidential and absolutely privileged 
communications.  
    Subd. 2.  [INVESTIGATION.] Members of the boards of social 
work, marriage and family therapy, and unlicensed mental health 
professionals, and persons employed by the office or engaged in 
the investigation of violations and in the preparation and 
management of charges of violations of this chapter on behalf of 
the office or boards, are immune from civil liability and 
criminal prosecution for any actions, transactions, or 
publications in the execution of, or relating to, their duties 
under this chapter.  
    Sec. 9.  [148B.09] [PROFESSIONAL COOPERATION.] 
    A regulated individual who is the subject of an 
investigation by or on behalf of a board shall cooperate fully 
with the investigation.  Cooperation includes responding fully 
and promptly to any question raised by or on behalf of the board 
relating to the subject of the investigation and providing 
copies of client records, as reasonably requested by the board, 
to assist the board in its investigation.  The board shall pay 
for copies requested.  If the board does not have a written 
consent from a client permitting access to the client's records, 
the regulated individual shall delete any data in the record 
that identifies the client before providing it to the board.  
The board shall maintain any records obtained pursuant to this 
section as investigative data pursuant to chapter 13. 
    Sec. 10.  [148B.10] [DISCIPLINARY RECORD ON JUDICIAL 
REVIEW.] 
    Upon judicial review of any board disciplinary or adverse 
action taken under this chapter, the reviewing court shall seal 
the administrative record, except for the board's final 
decision, and shall not make the administrative record available 
to the public. 
    Sec. 11.  [148B.11] [PROFESSIONAL ACCOUNTABILITY.] 
    Subdivision 1.  [INVESTIGATION.] Each board shall maintain 
and keep current a file containing the reports and complaints 
filed against regulated individuals within the board's 
jurisdiction.  Each complaint filed with a board pursuant to 
section 214.10, subdivision 1, must be investigated according to 
section 214.10, subdivision 2.  If the files maintained by a 
board show that a malpractice settlement or award to the 
plaintiff has been made against a regulated individual as 
reported by insurers under section 7, the executive director of 
the board shall notify the board and the board may authorize a 
review of the provider's practice. 
    Subd. 2.  [ATTORNEY GENERAL INVESTIGATES.] When a board 
initiates a review of a regulated individual's practice it shall 
notify the attorney general who shall investigate the matter in 
the same manner as provided in section 214.10.  If an 
investigation is to be made, the attorney general shall notify 
the regulated individual, and, if the incident being 
investigated occurred there, the administrator and chief of 
staff at the health care facilities or clinics in which the 
professional serves, if applicable. 
    Subd. 3.  [ACCESS TO RECORDS.] The board shall be allowed 
access to records of a client treated by the regulated 
individual under review if the client signs a written consent 
permitting access.  If no consent form has been signed, the 
hospital, clinic, or regulated individual shall first delete 
data in the record that identifies the client before providing 
it to the board.  
    Sec. 12.  [148B.12] [MALPRACTICE HISTORY.] 
    Subdivision 1.  [SUBMISSION.] Regulated individuals who 
have previously practiced in another state shall submit with 
their filing or application the following information:  
    (1) number, date, and disposition of any malpractice 
settlement or award made to the plaintiff or other claimant 
relating to the quality of services provided by the regulated 
individual; and 
    (2) number, date, and disposition of any civil litigations 
or arbitrations relating to the quality of services provided by 
the regulated individual in which the party complaining against 
the individual prevailed or otherwise received a favorable 
decision or order.  
    Subd. 2.  [BOARD ACTION.] The board shall give due 
consideration to the information submitted under this section.  
A regulated individual who willfully submits incorrect 
information is subject to disciplinary action under this chapter.
    Sec. 13.  [148B.13] [PUBLICATION OF DISCIPLINARY ACTIONS.] 
    At least annually, each board shall publish and release to 
the public a description of all disciplinary measures or adverse 
actions taken by the board.  The publication must include, for 
each disciplinary measure or adverse action taken, the name and 
business address of the regulated individual, the nature of the 
misconduct, and the measure or action taken by the board. 
    Sec. 14.  [148B.14] [EVIDENCE OF PAST SEXUAL CONDUCT.] 
    In a proceeding for the suspension or revocation of the 
right to practice or other disciplinary or adverse action 
involving sexual contact with a client or former client, the 
board or administrative law judge shall not consider evidence of 
the client's previous sexual conduct nor shall any reference to 
this conduct be made during the proceedings or in the findings, 
except by motion of the complainant, unless the evidence would 
be admissible under the applicable provisions of section 
609.347, subdivision 3. 
    Sec. 15.  [148B.15] [DISPUTE RESOLUTION.] 
    Subdivision 1.  [ARBITRATION.] Each board shall encourage 
regulated individuals to submit all fee disputes to binding 
arbitration.  
    Subd. 2.  [MEDIATION.] Each board shall encourage regulated 
individuals to submit all disputes that are not related to 
violations of a code of professional conduct to voluntary 
mediation.  
    Sec. 16.  [148B.16] [CONTESTED CASES.] 
    Chapters 14 and 214 apply to any disciplinary proceeding or 
adverse action relating to filing taken under this chapter. 
    Sec. 17.  [148B.17] [FEES.] 
    Each board shall by rule establish fees, including late 
fees, for licenses or filings and renewals so that the total 
fees collected by the board will as closely as possible equal 
anticipated expenditures during the fiscal biennium, as provided 
in section 16A.128, plus the prorated costs of the office of 
social work and mental health boards.  Fees must be credited to 
the special revenue fund. 
    Sec. 18.  Minnesota Statutes 1986, section 144.335, 
subdivision 1, is amended to read:  
    Subdivision 1.  [DEFINITIONS.] For the purposes of this 
section, the following terms have the meanings given them: 
    (a) "Patient" means a natural person who has received 
health care services from a provider for treatment of a medical, 
psychiatric or mental condition, or a person the patient 
designates in writing as a representative.  Except for minors 
who have received health care services pursuant to sections 
144.341 to 144.347, in the case of a minor, "patient" includes a 
parent or guardian, or a person acting as a parent or guardian 
in the absence of a parent or guardian. 
    (b) "Provider" means (1) any person who furnishes health 
care services and is licensed to furnish the services pursuant 
to chapters 147, 148, 148B, 150A, 151, or 153; and (2) a health 
care facility licensed pursuant to this chapter or chapter 144A. 
    Sec. 19.  Minnesota Statutes 1986, section 148A.01, 
subdivision 5, is amended to read:  
    Subd. 5.  [PSYCHOTHERAPIST.] "Psychotherapist" means a 
physician, psychologist, nurse, chemical dependency counselor, 
social worker, member of the clergy, marriage and family 
therapist, mental health service provider, or other person, 
whether or not licensed by the state, who performs or purports 
to perform psychotherapy. 
    Sec. 20.  Minnesota Statutes 1986, section 214.01, 
subdivision 2, is amended to read:  
    Subd. 2.  "Health-related licensing board" means the board 
of examiners of nursing home administrators established pursuant 
to section 144A.19, the board of medical examiners created 
pursuant to section 147.01, the board of nursing created 
pursuant to section 148.181, the board of chiropractic examiners 
established pursuant to section 148.02, the board of optometry 
established pursuant to section 148.52, the board of psychology 
established pursuant to section 148.90, the social work 
licensing board pursuant to article 2, section 2, the board of 
marriage and family therapy pursuant to article 3, section 2, 
the board of mental health service providers established 
pursuant to article 4, section 2, the board of dentistry 
established pursuant to section 150A.02, the board of pharmacy 
established pursuant to section 151.02, the board of podiatry 
established pursuant to section 153.02, and the board of 
veterinary medicine, established pursuant to section 156.01. 
    Sec. 21.  Minnesota Statutes 1986, section 214.04, 
subdivision 3, is amended to read:  
    Subd. 3.  The executive secretary of each health-related 
and non-health-related board shall be the chief administrative 
officer for the board but shall not be a member of the board.  
The executive secretary shall maintain the records of the board, 
account for all fees received by it, supervise and direct 
employees servicing the board, and perform other services as 
directed by the board.  The executive secretaries and other 
employees of the following boards shall be hired by the board, 
and the executive secretaries shall be in the unclassified civil 
service, except as provided in this subdivision:  
    (1) dentistry;  
    (2) medical examiners;  
    (3) nursing;  
    (4) pharmacy;  
    (5) accountancy; 
    (6) architecture, engineering, land surveying and landscape 
architecture;  
    (7) barber examiners;  
    (8) cosmetology;  
    (9) electricity;  
    (10) teaching; and 
    (11) peace officer standards and training; 
    (12) social work; 
    (13) marriage and family therapy; 
    (14) unlicensed mental health service providers; and 
     (15) office of social work and mental health boards. 
    The board of medical examiners shall set the salary of its 
executive director, which may not exceed 95 percent of the top 
of the salary range set for the commissioner of health in 
section 15A.081, subdivision 1.  At least 30 days before the 
board of medical examiners adopts a salary increase for its 
executive director, the board shall submit the proposed salary 
increase to the legislative commission on employee relations for 
its review.  
    The executive secretaries serving the remaining boards 
shall be hired by those boards, and shall be in the unclassified 
civil service except for part-time executive secretaries, who 
are not required to be in the unclassified service.  Boards not 
requiring a full-time executive secretary may employ such 
services on a part-time basis.  To the extent practicable the 
sharing of part-time executive secretaries by boards being 
serviced by the same department is encouraged.  Persons 
providing services to those boards not listed in this 
subdivision, except executive secretaries of the boards and 
employees of the attorney general, shall be classified civil 
service employees of the department servicing the board.  To the 
extent practicable the commissioner shall insure that staff 
services are shared by the boards being serviced by the 
department.  If necessary, a board may hire part-time, temporary 
employees to administer and grade examinations. 
    Sec. 22.  Minnesota Statutes 1986, section 609.341, 
subdivision 17, is amended to read:  
    Subd. 17.  "Psychotherapist" means a physician, 
psychologist, nurse, chemical dependency counselor, social 
worker, clergy, marriage and family therapist, mental health 
service provider, or other person, whether or not licensed by 
the state, who performs or purports to perform psychotherapy. 
    Sec. 23.  [148B.171] [EMERGENCY RULES.] 
    The office or boards may adopt emergency rules under 
sections 14.29 to 14.385 to carry out the provisions of this 
chapter.  Notwithstanding contrary provisions of chapter 14, the 
authority to use sections 14.29 to 14.385 expires on December 
31, 1988. 

                               ARTICLE 2

                          BOARD OF SOCIAL WORK
    Section 1.  [148B.18] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] For the purposes of 
sections 1 to 11, the following terms have the meanings given 
them. 
    Subd. 2.  [ACCREDITED PROGRAM OF SOCIAL WORK.] "Accredited 
program of social work" means a school of social work or other 
educational program that has been accredited by the council on 
social work education. 
    Subd. 3.  [BOARD.] "Board" means the social work licensing 
board created in section 2. 
    Subd. 4.  [COUNTY AGENCY SOCIAL WORKER.] "County agency 
social worker" means an individual who is employed by a county 
social service agency in Minnesota in social work practice or 
clinical social work. 
    Subd. 5.  [STATE AGENCY SOCIAL WORKER.] "State agency 
social worker" means an individual who is employed by a state 
social service agency in Minnesota in social work practice or 
clinical social work. 
    Subd. 6.  [PUBLIC AGENCY SOCIAL WORKER.] "Public agency 
social worker" means an individual who is employed by the 
federal government or the state of Minnesota or any of its 
political subdivisions in social work practice or clinical 
social work. 
    Subd. 7.  [PRIVATE AGENCY SOCIAL WORKER.] "Private agency 
social worker" means an individual who is employed by an entity 
not listed in subdivision 6 in the practice of social work or 
clinical social work. 
    Subd. 8.  [PRIVATE PRACTICE.] "Private practice" means 
social work practice conducted by an individual who is either 
self-employed, or a member of a partnership or of a group 
practice, rather than being employed by an agency, clinic, or 
other similar entity. 
    Subd. 9.  [PSYCHOTHERAPY.] "Psychotherapy" means treatment 
of a person or persons who have cognitive, emotional, 
behavioral, or social dysfunctions through psychological or 
interpersonal methods.  The treatment is a planned and 
structured program, conducted by a qualified mental health 
professional and based on information from a differential 
diagnostic examination, and is directed toward the 
accomplishment of goals provided in a plan of care.  Social 
workers qualified to practice psychotherapy are licensed 
independent clinical social workers; or licensed graduate or 
licensed independent social workers who have training required 
by section 4, subdivision 6, and practice under the supervision 
of a qualified mental health professional. 
    Subd. 10.  [QUALIFIED MENTAL HEALTH PROFESSIONAL.] 
"Qualified mental health professional" means a psychiatrist, 
board-certified or eligible for board certification, and 
licensed under chapter 147; a psychologist licensed under 
sections 148.88 to 148.98; an independent clinical social worker 
who has the qualifications in section 4, subdivision 6; or a 
psychiatric registered nurse with a master's degree from an 
accredited school of nursing, licensed under section 148.211, 
with at least two years of postmaster's supervised experience in 
direct clinical practice. 
    Subd. 11.  [SOCIAL WORK PRACTICE.] "Social work practice" 
includes the application of psychosocial theory and methods in 
the prevention, treatment, or resolution of social and/or 
psychological dysfunction caused by environmental stress, 
interpersonal or intrapersonal conflict, physical or mental 
disorders, or a combination of these causes, with particular 
attention to the person-in-situation configuration. 
    Social work practice also includes but is not limited to 
psychotherapy, which is restricted to social workers qualified 
to practice psychotherapy as defined in subdivision 9.  For the 
following four categories of licensure, social work practice 
also includes the following action: 
    (a) Licensed social workers evaluate and assess 
difficulties in psychosocial functioning, develop a treatment 
plan to alleviate those difficulties, and either carry it out 
themselves or refer clients to other qualified resources for 
assistance.  Treatment interventions commonly include but are 
not limited to psychosocial evaluation; counseling of 
individuals, families, and groups; advocacy; referral to 
community resources; and facilitation of organizational change 
to meet social needs. 
    (b) Licensed graduate social workers and licensed 
independent social workers evaluate and treat more complex 
problems in psychosocial functioning.  Treatment interventions 
include but are not limited to psychosocial evaluation; 
counseling of individuals, families, and groups; referral to 
community resources; advocacy; facilitation of organizational 
change to meet social needs; and psychotherapy when conducted 
under supervision as defined in subdivision 12. 
    (c) Licensed independent clinical social workers provide 
professional services for the diagnosis, treatment, and 
prevention of mental and emotional disorders in individuals, 
families, and groups, with the goal of restoring, maintaining, 
and enhancing social functioning.  Treatment interventions 
include, but are not limited to, those listed for licensed 
graduate and licensed independent social workers plus 
individual, marital, and group psychotherapy without 
supervision.  Independent clinical social work practice may be 
conducted by independent clinical social workers in private 
independent practice or in the employ of a public or private 
agency or corporation or other legal entity. 
     Social work practice is not medical care nor any other type 
of remedial care that may be reimbursed under medical 
assistance, chapter 256B, except to the extent such care is 
reimbursed under section 256B.02, subdivision 8, clause (5), or 
as provided under Minnesota Rules, parts 9500.1070, 9500.1020, 
or their successor parts. 
    Subd. 12.  [SUPERVISION.] "Supervision" means the direction 
of social work practice in face-to-face sessions.  Further 
standards for supervision shall be determined by the social work 
licensing board.  Supervision shall be provided: 
     (1) by a social worker licensed at least at the level of 
the worker being supervised and qualified under section 4 to 
practice without supervision; or 
    (2) when the social work licensing board determines that 
supervision by a social worker as required in clause (1) is 
unobtainable, and in other situations considered appropriate by 
the board of social work examiners, by another qualified 
professional. 
    Sec. 2.  [148B.19] [SOCIAL WORK LICENSING BOARD.] 
     Subdivision 1.  [CREATION.] The social work licensing board 
is created.  The board consists of ten members appointed by the 
governor.  The members are: 
    (1) six social workers licensed under sections 1 to 11; 
    (2) three public members as defined in section 214.02; and 
    (3) one school social worker licensed by the board of 
teaching. 
     Subd. 2.  [QUALIFICATIONS OF BOARD MEMBERS.] The six social 
worker members of the board shall be as follows:  two licensed 
independent clinical social workers, two licensed independent 
social workers, and two licensed social workers. 
    Social worker members shall represent the following 
employment settings: 
     (1) two members shall be public agency social workers; 
     (2) two members shall be private agency social workers; 
    (3) one member shall be engaged in private practice; 
     (4) one member shall be an educator engaged in regular 
teaching duties at an accredited program of social work; and 
    (5) in addition, at least two members shall be persons of 
color and at least four members shall reside outside of the 
seven-county metropolitan area. 
    Subd. 3.  [MEMBERS OF FIRST BOARD APPOINTED.] Members of 
the first board appointed according to subdivision 1, clause 
(1), and subdivision 2, clauses (1) to (5), need not be 
licensed, but must meet all qualifications, other than payment 
of fees, to be eligible for licensure under sections 1 to 11. 
     Subd. 4.  [OFFICERS AND EXECUTIVE SECRETARY.] The board 
shall annually elect from its membership a chair, vice-chair, 
and secretary-treasurer, and shall adopt rules to govern its 
proceedings.  The board shall appoint and employ an executive 
secretary who is not a member of the board. 
     Subd. 5.  [TERMS AND SALARIES.] Chapter 214 applies to the 
social work licensing board unless superseded by sections 1 to 
11. 
    Sec. 3.  [148B.20] [DUTIES OF THE BOARD.] 
    Subdivision 1.  [GENERAL.] The social work licensing board 
shall: 
    (a) Adopt and enforce rules for licensure of social workers 
and for regulation of their professional conduct.  The rules 
must be designed to protect the public. 
    (b) Adopt rules establishing standards and methods of 
determining whether applicants and licensees are qualified under 
sections 4 to 6.  The rules must make provision for examinations 
and must establish standards for professional conduct, including 
adoption of a code of professional ethics and requirements for 
continuing education. 
    (c) Hold examinations at least twice a year to assess 
applicants' knowledge and skills.  The examinations may be 
written or oral and may be administered by the board or by a 
body designated by the board.  Examinations must test the 
knowledge and skills of each of the four groups of social 
workers qualified under section 4 to practice social work.  
Examinations must minimize cultural bias and must be balanced in 
theory. 
    (d) Issue licenses to individuals qualified under sections 
1 to 11. 
    (e) Issue copies of the rules for licensure to all 
applicants. 
    (f) Establish and implement procedures, including a 
standard disciplinary process, to ensure that individuals 
licensed as social workers will comply with the board's rules. 
    (g) Establish, maintain, and publish annually a register of 
current licensees. 
    (h) Establish initial and renewal application and 
examination fees sufficient to cover operating expenses of the 
board and its agents. 
    (i) Educate the public about the existence and content of 
the rules for social work licensing to enable consumers to file 
complaints against licensees who may have violated the rules. 
    (j) Evaluate its rules in order to refine the standards for 
licensing social workers and to improve the methods used to 
enforce the board's standards. 
     Subd. 2.  [CONTINUING EDUCATION COMMITTEE.] The board shall 
appoint a continuing education committee that shall advise the 
board on the administration of continuing education requirements 
in sections 1 to 11.  The committee chair shall be appointed by 
the board and shall be a member of the board.  Four additional 
committee members shall be appointed by the board and need not 
be board members.  The committee members and chair shall consist 
of licensed social workers, licensed independent social workers, 
and licensed independent clinical social workers as defined in 
section 4, subdivision 6, and shall include: 
     (1) a social worker engaged in regular teaching duties at 
an accredited program of social work; 
     (2) a public agency social worker; 
    (3) a private agency social worker; 
    (4) a social worker engaged in private practice; 
    (5) a public member as defined in section 214.02; and 
    (6) in addition, at least one member shall be a person of 
color and at least one member shall reside outside of the 
seven-county metropolitan area. 
    Sec. 4.  [148B.21] [REQUIREMENTS FOR LICENSURE.] 
    Subdivision 1.  [CATEGORIES OF LICENSEES.] The board shall 
issue licenses for the following four groups of individuals 
qualified under sections 4 to 6 to practice social work: 
    (1) social workers; 
    (2) graduate social workers; 
    (3) independent social workers; and 
    (4) independent clinical social workers. 
    Subd. 2.  [FEE.] Each applicant shall pay a nonrefundable 
fee set by the board.  Fees paid to the board shall be deposited 
in the general fund. 
    Subd. 3.  [SOCIAL WORKER.] To be licensed as a social 
worker, an applicant must provide evidence satisfactory to the 
board that the applicant: 
    (1) has received a baccalaureate degree from an accredited 
program of social work; 
    (2) has passed the examination provided for in section 3, 
subdivision 1; 
    (3) will engage in social work practice only under 
supervision as defined in section 1, subdivision 12, for at 
least two years in full-time employment or 4,000 hours; and 
    (4) will conduct all professional activities as a social 
worker in accordance with standards for professional conduct 
established by the rules of the board. 
    Subd. 4.  [GRADUATE SOCIAL WORKER.] To be licensed as a 
graduate social worker, an applicant must provide evidence 
satisfactory to the board that the applicant: 
    (1) has received a master's degree from an accredited 
program of social work or doctoral degree in social work; 
    (2) has passed the examination provided for in section 3, 
subdivision 1; 
    (3) will engage in social work practice only under 
supervision as defined in section 1, subdivision 12; and 
    (4) will conduct all professional activities as a graduate 
social worker in accordance with standards for professional 
conduct established by the rules of the board. 
    Subd. 5.  [INDEPENDENT SOCIAL WORKER.] To be licensed as an 
independent social worker, an applicant must provide evidence 
satisfactory to the board that the applicant: 
    (1) has received a master's degree from an accredited 
program of social work or doctoral degree in social work; 
    (2) has passed the examination provided for in section 3, 
subdivision 1; 
    (3) has practiced social work for at least two years in 
full-time employment or 4,000 hours under supervision as defined 
in section 1, subdivision 12, after receiving the master's or 
doctoral degree in social work; and 
    (4) will conduct all professional activities as an 
independent social worker in accordance with standards for 
professional conduct established by the rules of the board. 
    Subd. 6.  [INDEPENDENT CLINICAL SOCIAL WORKER.] To be 
licensed as an independent clinical social worker, an applicant 
must provide evidence satisfactory to the board that the 
applicant: 
    (1) has received a master's degree from an accredited 
program of social work, or doctoral degree in social work, that 
included an advanced concentration of clinically oriented course 
work as defined by the board and a supervised clinical field 
placement at the graduate level, or postmaster's clinical 
training that is found by the board to be equivalent to that 
course work and field placement; 
    (2) has practiced clinical social work for at least two 
years in full-time employment or 4,000 hours under supervision 
as defined in section 1, subdivision 12, after receiving the 
master's or doctoral degree in social work; 
    (3) has passed the examination provided for in section 3, 
subdivision 1; and 
    (4) will conduct all professional activities as an 
independent clinical social worker in accordance with standards 
for professional conduct established by the rules of the board. 
    Sec. 5.  [148B.22] [LICENSE RENEWAL REQUIREMENTS.] 
    Subdivision 1.  [RENEWAL.] Licensees shall renew licenses 
at the time and in the manner established by the rules of the 
board. 
    Subd. 2.  [CONTINUING EDUCATION.] At the time of renewal, 
each licensee shall provide evidence satisfactory to the board 
that the licensee has completed during each three-year period at 
least the equivalent of 45 clock hours of continuing 
professional post-degree education in programs approved by the 
board and continues to be qualified to practice under sections 1 
to 11. 
    Sec. 6.  [148B.23] [LICENSES; TRANSITION PERIOD.] 
    Subdivision 1.  [EXEMPTION FROM EXAMINATION.] For two years 
from the effective date of sections 1 to 11, the board shall 
issue a license without examination to an applicant: 
    (1) for a licensed social worker, if the board determines 
that the applicant has received a baccalaureate degree from an 
accredited program of social work, or that the applicant has at 
least a baccalaureate degree from an accredited college or 
university and two years in full-time employment or 4,000 hours 
of experience in the supervised practice of social work within 
the five years before the effective date of sections 1 to 11; 
    (2) for a licensed graduate social worker, if the board 
determines that the applicant has received a master's degree 
from an accredited program of social work or doctoral degree in 
social work; or a master's or doctoral degree from a graduate 
program in a human service discipline, as approved by the board; 
    (3) for a licensed independent social worker, if the board 
determines that the applicant has received a master's degree 
from an accredited program of social work or doctoral degree in 
social work; or a master's or doctoral degree from a graduate 
program in a human service discipline, as approved by the board; 
and, after receiving the degree, has practiced social work for 
at least two years in full-time employment or 4,000 hours under 
the supervision of a social worker meeting these requirements, 
or of another qualified professional; and 
     (4) for a licensed independent clinical social worker, if 
the board determines that the applicant has received a master's 
degree from an accredited program of social work or doctoral 
degree in social work; or a master's or doctoral degree from a 
graduate program in a human service discipline as approved by 
the board; and, after receiving the degree, has practiced 
clinical social work for at least two years in full-time 
employment or 4,000 hours under the supervision of a clinical 
social worker meeting these requirements, or of another 
qualified mental health professional. 
     Subd. 2.  [OTHER REQUIREMENTS.] An applicant licensed under 
this section must also agree to:  
    (1) engage in social work practice only under the 
applicable supervision requirements provided in section 4 for 
each category of licensees; and 
     (2) to conduct all professional activities as a social 
worker in accordance with standards for professional conduct 
established by the board by rule. 
    Subd. 3.  [TEMPORARY RULEMAKING AUTHORITY.] The board is 
authorized to adopt emergency and permanent rules to implement 
this section. 
    Sec. 7.  [148B.24] [RECIPROCITY.] 
    The board shall issue an appropriate 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 4 to 6. 
    Sec. 8.  [148B.25] [NONTRANSFERABILITY OF LICENSES.] 
    A social work license is not transferable. 
    Sec. 9.  [148B.26] [DENIAL, SUSPENSION, OR REVOCATION OF 
LICENSE.] 
    Subdivision 1.  [GROUNDS.] The board may refuse to renew or 
to grant a license to, or may suspend, revoke, or restrict the 
license of an individual whom the board, after a hearing under 
the contested case provisions of chapter 14, determines:  
    (1) is incompetent to engage in social work practice, or is 
found to be engaged in social work practice in a manner harmful 
or dangerous to a client or to the public;  
    (2) has violated the rules of the board or the statutes the 
board is empowered to enforce;  
    (3) has obtained or attempted to obtain a license or 
license renewal by bribery or fraudulent representation; or 
    (4) has knowingly made a false statement on a form required 
by the board for licensing or license renewal.  
    Subd. 2.  [RESTORING A LICENSE.] For reasons it finds 
sufficient, the board may grant a license previously refused, 
restore a license that has been revoked, or reduce a period of 
suspension or restriction of a license.  
    Subd. 3.  [REVIEW.] Suspension, revocation, or restriction 
of a license shall be reviewed by the board at the request of 
the licensee against whom the disciplinary action was taken.  
    Sec. 10.  [148B.27] [PROHIBITION AGAINST UNLICENSED 
PRACTICE OR USE OF TITLES; PENALTY.] 
    Subdivision 1.  [PRACTICE.] After the board adopts rules, 
no individual shall engage in social work practice unless that 
individual holds a valid license as a licensed social worker, 
licensed graduate social worker, licensed independent social 
worker, or licensed independent clinical social worker.  
    Subd. 2.  [USE OF TITLES.] After the board adopts rules, no 
individual shall be presented to the public by any title 
incorporating the words "social work" or "social worker" unless 
that individual holds a valid license issued under sections 1 to 
11.  City, county, and state agency social workers who are not 
licensed under sections 1 to 11 may use the title city agency 
social worker or county agency social worker or state agency 
social worker. 
    Subd. 3.  [PENALTY.] A person who violates sections 4 to 11 
is guilty of a misdemeanor.  
    Sec. 11.  [148B.28] [EXCEPTIONS TO LICENSE REQUIREMENT.] 
    Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in sections 
1 to 11 shall be construed to prevent members of other 
professions or occupations from performing functions for which 
they are qualified or licensed.  This exception includes but is 
not limited to licensed physicians; registered nurses; licensed 
practical nurses; licensed psychologists; probation officers; 
members of the clergy; attorneys; marriage and family 
therapists; chemical dependency counselors; professional 
counselors; school counselors; and registered occupational 
therapists or certified occupational therapist assistants.  
These persons must not, however, hold themselves out to the 
public by any title or description stating or implying that they 
are engaged in the practice of social work, or that they are 
licensed to engage in the practice of social work.  
    Subd. 2.  [STUDENTS.] Nothing in sections 1 to 11 shall be 
construed to prevent students enrolled in an accredited program 
of social work to engage in the practice of social work, or to 
prevent social work practice by individuals preparing for 
licensed independent clinical social work practice under 
qualified supervision in a social work setting.  
    Subd. 3.  [GEOGRAPHIC WAIVER.] A geographic waiver may be 
granted by the board on a case-by-case basis to agencies with 
special regional hiring problems.  The waiver will permit 
agencies to hire individuals, who do not meet the qualifications 
of section 4, to practice social work.  
    Subd. 4.  [CITY, COUNTY, AND STATE AGENCY SOCIAL 
WORKERS.] The licensing of city, county, and state agency social 
workers shall be voluntary.  City, county, and state agencies 
employing social workers shall not be required to employ 
licensed social workers, nor shall they require their social 
worker employees to be licensed. 
    Subd. 5.  [FEDERALLY RECOGNIZED TRIBES AND PRIVATE 
NONPROFIT AGENCIES WITH A MINORITY FOCUS.] The licensure of 
social workers who are employed by federally recognized tribes, 
or by private nonprofit agencies whose primary service focus 
addresses ethnic minority populations, and are themselves 
members of ethnic minority populations within said agencies, 
shall be voluntary. 
    Subd. 6.  [HOSPITAL AND NURSING HOME SOCIAL WORKERS.] The 
licensure of social workers employed by hospitals and nursing 
homes licensed under chapters 144 and 144A shall be voluntary.  
Hospitals and nursing homes employing social workers shall not 
be required to employ licensed social workers, nor shall they 
require their social work employees to be licensed. 

                               ARTICLE 3

                  BOARD OF MARRIAGE AND FAMILY THERAPY
    Section 1.  [148B.29] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY] For the purposes of 
sections 1 to 11, the following terms have the meanings given. 
    Subd. 2.  [BOARD.] "Board" means the board of marriage and 
family therapy created in section 2. 
    Subd. 3.  [MARRIAGE AND FAMILY THERAPY.] "Marriage and 
family therapy" means the process of providing professional 
marriage and family psychotherapy to individuals, married 
couples, and family groups, either singly or in groups.  The 
practice of marriage and family therapy utilizes established 
principles that recognize the interrelated nature of the 
individual problems and dysfunctions in family members to 
assess, understand, and treat emotional and mental problems.  
Marriage and family therapy includes premarital, marital, 
divorce, and family therapy, and is a specialized mode of 
treatment for the purpose of resolving emotional problems and 
modifying intrapersonal and interpersonal dysfunction. 
    Sec. 2.  [148B.30] [BOARD OF MARRIAGE AND FAMILY THERAPY 
EXAMINERS.] 
    Subdivision 1.  [CREATION.] There is created a board of 
marriage and family therapy that consists of seven members 
appointed by the governor.  Four members shall be licensed, 
practicing marriage and family therapists, each of whom shall 
for at least five years immediately preceding appointment, have 
been actively engaged as a marriage and family therapist, 
rendering professional services in marriage and family therapy.  
One member shall be engaged in the professional teaching and 
research of marriage and family therapy.  Two members shall be 
representatives of the general public who have no direct 
affiliation with the practice of marriage and family therapy.  
All members shall have been a resident of the state two years 
preceding their appointment.  Of the first board members 
appointed, three shall continue in office for two years, two 
members for three years, and two members, including the chair 
for terms of four years respectively.  Their successors shall be 
appointed for terms of four years each, except that a person 
chosen to fill a vacancy shall be appointed only for the 
unexpired term of the board member whom the newly appointed 
member succeeds.  Upon the expiration of a board member's term 
of office, the board member shall continue to serve until a 
successor is appointed and qualified. 
    Subd. 2.  [TRANSITION PROVISION.] Notwithstanding 
subdivision 1, members of the first board appointed need not be 
licensed under sections 1 to 11, but shall meet all 
qualifications, other than payments of fees, so as to be 
eligible for licensure under sections 1 to 11. 
    Subd. 3.  [OFFICERS; STAFF.] The board shall annually elect 
from its membership a chair, a vice-chair, and 
secretary-treasurer, and shall adopt rules to govern its 
proceedings.  The board shall appoint and employ an executive 
secretary who shall not be a member of the board. 
    Subd. 4.  [MEMBERSHIP TERMS; COMPENSATION AND REMOVAL.] The 
membership terms, compensation, and removal of board members is 
governed by section 15.0575, unless superseded by this section. 
    Sec. 3.  [148B.31] [DUTIES OF THE BOARD.] 
     The board shall: 
     (1) adopt and enforce rules for marriage and family therapy 
licensing, which shall be designed to protect the public; 
    (2) develop by rule appropriate techniques, including 
examinations and other methods, for determining whether 
applicants and licensees are qualified under sections 1 to 11; 
    (3) issue licenses to individuals who are qualified under 
sections 1 to 11;  
    (4) establish and implement procedures designed to assure 
that licensed marriage and family therapists will comply with 
the board's rules;  
    (5) study and investigate the practice of marriage and 
family therapy within the state in order to improve the 
standards imposed for the licensing of marriage and family 
therapists and to improve the procedures and methods used for 
enforcement of the board's standards; 
    (6) formulate and implement a code of ethics for all 
licensed marriage and family therapists; and 
    (7) establish continuing education requirements for 
marriage and family therapists. 
    Sec. 4.  [148B.32] [PROHIBITIONS AND PENALTY.] 
    Subdivision 1.  [UNLICENSED PRACTICE PROHIBITED.] After 
adoption of rules by the board implementing sections 1 to 11, no 
individual shall engage in marriage and family therapy practice 
unless that individual holds a valid license issued under 
sections 1 to 11. 
      Marriage and family therapy practice is not medical care 
nor any other type of remedial care that may be reimbursed under 
medical assistance, chapter 256B, except to the extent such care 
is reimbursed under section 256B.02, subdivision 8, clause (5). 
    Subd. 2.  [APPEARANCE AS LICENSEE PROHIBITED.] After 
adoption of rules by the board implementing sections 1 to 11, no 
individual shall be held out to be a marriage and family 
therapist unless that individual holds a valid license issued 
under sections 1 to 11. 
    Subd. 3.  [PENALTY.] A person who violates a provision of 
sections 1 to 11 is guilty of a gross misdemeanor. 
    Sec. 5.  [148B.33] [REQUIREMENTS FOR LICENSURE.] 
    Subdivision 1.  [DOCUMENTARY EVIDENCE OF 
QUALIFICATIONS.] An applicant for a license shall furnish 
evidence that the applicant: 
    (1) has attained the age of majority; 
    (2) is of good moral character; 
    (3) is a citizen of the United States, or is lawfully 
entitled to remain and work in the United States; 
    (4) has at least two years of supervised postgraduate 
experience in marriage and family counseling satisfactory to the 
board; 
    (5)(i) has completed a master's or doctoral degree in 
marriage and family therapy from a program in a regionally 
accredited educational institution or from a program accredited 
by the commissioner on accreditations for marriage and family 
therapy education of the American association for marriage and 
family therapists; or (ii) has completed a master's or doctoral 
degree from a regionally accredited educational institution in a 
related field for which the course work is considered by the 
board to be equivalent to that provided in clause (5)(i); 
    (6) will agree to conduct all professional activities as a 
licensed marriage and family counselor in accordance with a code 
of ethics for marriage and family therapists to be adopted by 
the board; and 
    (7) has passed an examination approved by the board by rule.
    Subd. 2.  [FEE.] Each applicant shall pay a nonrefundable 
application fee set by the board. 
    Sec. 6.  [148B.34] [LICENSES; TRANSITION PERIOD.] 
    Notwithstanding section 5, clause (7), for two years from 
the effective date of sections 1 to 11, a license shall be 
issued to an applicant without examination if the board is 
satisfied that the applicant meets the requirements of section 
5, subdivision 1, clauses (1) to (6). 
    Sec. 7.  [148B.35] [RECIPROCITY WITH OTHER STATES.] 
    The board shall issue a marriage and family therapist's 
license to an individual who holds a current license as a 
marriage and family therapist from another jurisdiction if the 
board determines that the standards for licensure in the other 
jurisdiction are at least equivalent to or exceed the 
requirements of sections 1 to 11 and the rules of the board. 
    Sec. 8.  [148B.36] [NONTRANSFERABILITY OF LICENSES.] 
    A marriage and family therapy license is not transferable. 
    Sec. 9.  [148B.37] [REFUSAL TO GRANT LICENSE; SUSPENSION OR 
REVOCATION OF LICENSE.] 
    Subdivision 1.  [GROUNDS FOR ACTION.] The board may refuse 
to grant a license to, or may suspend, revoke, condition, limit, 
qualify, or restrict the license of any individual who the 
board, after a hearing under the contested case provisions of 
chapter 14, determines: 
    (1) is incompetent to practice marriage and family therapy, 
or is found to engage in the practice of marriage and family 
therapy in a manner harmful or dangerous to a client or to the 
public; 
    (2) is convicted by a court of competent jurisdiction of a 
crime that the board determines is of a nature to render the 
convicted person unfit to practice marriage and family therapy.  
The board should compile, maintain, and publish a list of such 
crimes;  
    (3) has violated a provision of sections 1 to 11 or one or 
more of the rules of the board;  
    (4) has obtained or attempted to obtain a license or 
license renewal by bribery of fraudulent representation; 
    (5) has knowingly made a false statement on a form required 
by the board for licensing or license renewal; or 
    (6) has failed to obtain continuing education credits 
required by the board. 
     Subd. 2.  [RESTORING A LICENSE.] For reasons it considers 
sufficient and upon a vote of five of its members, the board may 
restore a license that has been revoked, reduce a period of 
suspension, or withdraw a reprimand. 
    Sec. 10.  [148B.38] [EXCEPTIONS FROM LICENSE REQUIREMENT.] 
    Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in sections 
1 to 11 shall be construed to prevent qualified members of other 
licensed or certified professions or occupations, such as 
licensed physicians, registered nurses, licensed practical 
nurses, psychologists licensed by the board of psychology, 
social workers, probation officers, members of the clergy, 
attorneys, school counselors who are employed by an accredited 
educational institution while performing those duties for which 
they are employed, registered occupational therapists or 
certified occupational therapist assistants who are certified by 
the American Occupational Therapy Association, from doing work 
of a marriage and family therapy nature. 
    Subd. 2.  [STUDENTS.] Nothing in sections 1 to 11 shall be 
construed to prevent marriage and family therapy practice by 
students or interns or individuals preparing for marriage and 
family therapy to practice under qualified supervision of a 
licensed professional, recognized and approved by the board in a 
recognized educational institution or agency so long as they are 
designated by titles such as "student," "trainee," "intern," or 
other titles clearly indicating training status. 
     Subd. 3.  [FEDERALLY RECOGNIZED TRIBES AND PRIVATE 
NONPROFIT AGENCIES WITH A MINORITY FOCUS.] The licensure of 
marriage and family therapists who are employed by federally 
recognized tribes and private nonprofit agency marriage and 
family therapists, whose primary service focus addresses ethnic 
minority populations and who are themselves members of ethnic 
minority populations within said agencies, shall be voluntary 
for a period of five years at which time the legislature will 
review the need for mandatory licensure for all marriage and 
family therapists. 
    Sec. 11.  [148B.39] [PRIVILEGED COMMUNICATIONS; 
EXCEPTIONS.] 
    A person licensed under sections 1 to 11 and employees and 
professional associates of the person cannot be required to 
disclose any information that the person, employee, or associate 
may have acquired in rendering marriage and family therapy 
services, unless:  
    (1) disclosure is required by other state laws;  
    (2) failure to disclose the information presents a clear 
and present danger to the health or safety of an individual; 
    (3) the person, employee, or associate is a party defendant 
to a civil, criminal, or disciplinary action arising from the 
therapy, in which case a waiver of the privilege accorded by 
this section is limited to that action; 
    (4) the patient is a defendant in a criminal proceeding and 
the use of the privilege would violate the defendant's right to 
a compulsory process or the right to present testimony and 
witnesses in that persons behalf; and 
    (5) a patient agrees to a waiver of the privilege accorded 
by this section, and in circumstances where more than one person 
in a family is receiving therapy, each such family member agrees 
to the waiver.  Absent a waiver from each family member, a 
marital and family therapist cannot disclose information 
received by a family member. 

                               ARTICLE 4 

          BOARD OF UNLICENSED MENTAL HEALTH SERVICE PROVIDERS 
    Section 1.  [148B.40] [DEFINITIONS.] 
    Subdivision 1.  [TERMS.] As used in sections 1 to 8, the 
following terms have the meanings given them in this section.  
    Subd 2.  [BOARD.] "Board" means the board of mental health 
service providers established in section 2. 
    Subd. 3.  [MENTAL HEALTH SERVICE PROVIDER.] "Mental health 
service provider" or "provider" means any person who provides, 
for a remuneration, mental health services as defined in 
subdivision 4.  It does not include persons licensed by the 
board of medical examiners under chapter 147; the board of 
nursing under sections 148.171 to 148.285; or the board of 
psychology under sections 148.88 to 148.98; the board of social 
work under article 2, sections 1 to 13; the board of marriage 
and family therapy under article 3, sections 1 to 11; or another 
licensing board if the person is practicing within the scope of 
the license.  
    Subd. 4.  [MENTAL HEALTH SERVICES.] "Mental health services"
means the professional treatment, assessment, or counseling of 
another person for a cognitive, behavioral, emotional, mental, 
or social dysfunction, including intrapersonal or interpersonal 
dysfunctions. 
    Subd. 5.  [MENTAL HEALTH CLIENT.] "Mental health client" or 
"client" means a person who receives the services of a mental 
health service provider.  
    Sec. 2.  [148B.41] [BOARD OF UNLICENSED MENTAL HEALTH 
SERVICE PROVIDERS.] 
    Subdivision 1.  [COMPOSITION.] The board of unlicensed 
mental health service providers consists of 17 members, 
including two chemical dependency counselors, two professional 
counselors, two pastoral counselors, five members representing 
other identifiable specialties and subgroups of providers 
subject to filing requirements, and six public members as 
defined in section 214.02.  Within 90 days after the effective 
date of rules adopted by the board to implement sections 1 to 8, 
members of the board specified must be mental health service 
providers who have filed with the board pursuant to section 3. 
    Subd. 2.  [APPOINTMENT.] Members of the board are appointed 
by the governor and serve under section 214.09. 
    Subd. 3.  [BOARD ADMINISTRATION.] The board shall elect 
from among its members a chair and a vice-chair to serve for one 
year or until a successor is elected and qualifies.  The members 
of the board have authority to administer oaths and the board, 
in session, to take testimony as to matters pertaining to the 
duties of the board.  Six members of the board constitute a 
quorum for the transaction of business. 
    Subd. 4.  [RULEMAKING.] The board shall adopt rules 
necessary to implement, administer, or enforce sections 1 to 8 
under chapter 14 and section 214.001, subdivisions 2 and 3.  The 
board shall consult with the commissioner of health, the 
commissioner of human services, and the commissioner of employee 
relations in the development of rules.  The board may not adopt 
rules that restrict or prohibit persons from providing mental 
health services on the basis of education, training, experience, 
or supervision; or that restrict the use of any title.  
    Sec. 3.  [148B.42] [FILING REQUIRED.] 
    Subdivision 1.  [FILING.] All mental health service 
providers shall file with the state, on a form provided by the 
board, their name; home and business address; telephone number; 
degrees held, if any, major field, and whether the degrees are 
from an accredited institution and how the institution is 
accredited; and any other relevant experience.  An applicant for 
filing who has practiced in another state shall authorize, in 
writing, the licensing or regulatory entity in the other state 
or states to release to the board any information on complaints 
or disciplinary actions pending against that individual, as well 
as any final disciplinary actions taken against that individual. 
The board shall provide a form for this purpose.  The board may 
reject a filing if there is evidence of a violation of or 
failure to comply with this chapter.  
    Subd. 2.  [ACKNOWLEDGMENT OF FILING.] The board shall issue 
an acknowledgment of filing to each mental health service 
provider who files under subdivision 1 and relevant rules of the 
board, and who is determined by the board to be in compliance 
with this chapter.  The acknowledgment of filing must not be 
displayed in any manner nor shall it be shown to mental health 
clients.  The acknowledgment of filing shall contain, in bold 
print, the phrase:  "This acknowledgment of filing does not 
imply or certify in any way that this mental health professional 
has met any standards or criteria of education or training." 
    Subd. 3.  [NONTRANSFERABILITY.] Acknowledgments of filing 
are nontransferable.  
    Subd. 4.  [PENALTIES.] Failure to file with the board, or 
supplying false or misleading information on the filing form, 
application for registration, or any accompanying statements 
shall constitute grounds for adverse action.  
    Subd. 5.  [PROVISION OF MENTAL HEALTH SERVICES WITHOUT 
FILING.] Except as otherwise provided in this chapter, it is 
unlawful for any person not filing with the board to provide 
mental health services in this state as defined in section 1, 
subdivision 4.  Any person violating subdivision 1 is guilty of 
a gross misdemeanor.  
    Sec. 4.  [148B.43] [PROHIBITED USE OF ACKNOWLEDGMENT.] 
    No mental health service provider may display the 
acknowledgment received under section 3, subdivision 2, or refer 
to it in any advertising, on stationary, or in any communication 
to a client or the public, or otherwise use the fact that the 
provider has filed with the state as an indication of state 
approval or endorsement or satisfaction of standards of conduct, 
training, or skill. 
    Sec. 5.  [148B.44] [PROHIBITED CONDUCT.] 
    Subdivision 1.  [PROHIBITED CONDUCT.] Notwithstanding any 
law to the contrary, the board may reject a filing or 
application, or may impose adverse action as described in 
section 6 against any mental health service provider for failure 
to comply with the provisions of this chapter.  The following 
conduct is prohibited and is grounds for adverse action:  
    (a) Conviction of a crime reasonably related to the 
provision of mental health services.  Conviction, as used in 
this subdivision, includes a conviction of an offense which, if 
committed in this state, would be deemed a felony without regard 
to its designation elsewhere, or a criminal proceeding where a 
finding or verdict of guilty is made or returned but the 
adjudication of guilt is either withheld or not entered.  
    (b) Conviction of crimes against persons.  For the purposes 
of this chapter, a crime against a person means violations of 
the following sections:  sections 609.185; 609.19; 609.195; 
609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 
609.224; 609.23; 609.231; 609.235; 609.24; 609.245; 609.25; 
609.255; 609.265; 609.26, subdivision 1, clause (1) or (2); 
609.342; 609.343; 609.344; 609.345; 609.365; 609.498, 
subdivision 1; 609.50, clause (1); 609.561; 609.562; and 609.595.
    (c) Revocation, suspension, restriction, limitation, or 
other disciplinary action against the mental health 
professional's license, certificate, registration, or right of 
practice in another state or jurisdiction, for offenses that 
would be subject to disciplinary action in this state, or 
failure to report to the board that charges regarding the 
person's license, certificate, registration, or right of 
practice have been brought in another state or jurisdiction.  
    (d) Advertising that is false or misleading.  
    (e) Filing with the board false or misleading statements of 
credentials, training, or experience.  
    (f) Conduct likely to deceive, defraud, or harm the public; 
or demonstrating a willful or careless disregard for the health, 
welfare, or safety of a client; or any other practice that may 
create unnecessary danger to any client's life, health, or 
safety, in any of which cases, proof of actual injury need not 
be established.  
    (g) Adjudication as mentally incompetent, or as a person 
who has a psychopathic personality as defined in section 526.09, 
or who is dangerous to himself or herself, or adjudication 
pursuant to chapter 253B, as chemically dependent, mentally ill, 
mentally retarded, or mentally ill and dangerous to the public. 
    (h) Inability to provide mental health services with 
reasonable safety to clients by reason of physical, mental, or 
emotional illness; drunkenness; or use of legend drugs, 
chemicals, controlled substances, or any other similar materials 
or mood-altering substances.  
    (i) Revealing a communication from, or relating to, a 
client except when otherwise required or permitted by law. 
    (j) Failure to comply with a client's request made under 
section 144.335, or to furnish a client record or report 
required by law.  
    (k) Splitting fees or promising to pay a portion of a fee 
to any other professional other than for services rendered by 
the other professional to the client.  
    (l) Engaging in abusive or fraudulent billing practices, 
including violations of the federal Medicare and Medicaid laws 
or state medical assistance laws.  
    (m) Engaging in sexual contact with a client or former 
client as defined in section 148A.01.  
    (n) Failure to make reports as required by section 5, or 
cooperate with an investigation of the board as required by 
section 7.  
    (o) Obtaining money, property, or services from a client, 
other than reasonable fees for services provided to the client, 
through the use of undue influence, harassment, duress, 
deception, or fraud. 
    (p) Undertaking or continuing a professional relationship 
with a client in which the objectivity of the professional would 
be impaired. 
    (q) Failure to provide the client with a copy of the client 
bill of rights, or violation of any provision of the client bill 
of rights. 
    Subd. 2.  [EVIDENCE.] In adverse actions alleging a 
violation of subdivision 1, paragraph (a), (b), or (c), a copy 
of the judgment or proceeding under the seal of the court 
administrator or of the administrative agency that entered the 
same shall be admissible into evidence without further 
authentication and shall constitute prima facie evidence of its 
contents.  
    Subd. 3.  [MENTAL EXAMINATION; ACCESS TO MEDICAL DATA.] (a) 
If the board has probable cause to believe that a mental health 
service provider comes under subdivision 1, paragraph (g) or 
(h), it may direct the provider to submit to a mental or 
physical examination or chemical dependency evaluation.  For the 
purpose of this subdivision every mental health service provider 
is deemed to have consented to submit to a mental or physical 
examination or chemical dependency evaluation when directed in 
writing by the board and further to have waived all objections 
to the admissibility of the examining physicians', 
psychologists', or mental health professional's testimony or 
examination reports on the ground that the same constitute a 
privileged communication.  Failure of a mental health service 
provider to submit to an examination when directed constitutes 
an admission of the allegations against the provider, unless the 
failure was due to circumstance beyond the provider's control, 
in which case a default and final order may be entered without 
the taking of testimony or presentation of evidence.  A mental 
health service provider affected under this paragraph shall at 
reasonable intervals be given an opportunity to demonstrate that 
the provider can resume the provision of mental health services 
with reasonable safety to clients.  In any proceeding under this 
paragraph, neither the record of proceedings nor the orders 
entered by the board shall be used against a mental health 
service provider in any other proceeding.  
    (b) In addition to ordering a physical or mental 
examination, the board may, notwithstanding section 13.42, 
144.651, or any other law limiting access to medical or other 
health data, obtain medical data and health records relating to 
a mental health service provider without the provider's consent 
if the board has probable cause to believe that a provider comes 
under subdivision 1, paragraph (g), (h), or (m).  The medical 
data may be requested from a health care professional, as 
defined in section 144.335, subdivision 1, paragraph (b), an 
insurance company, or a government agency, including the 
department of human services.  A health care professional, 
insurance company, or government agency shall comply with any 
written request of the board under this subdivision and is not 
liable in any action for damages for releasing the data 
requested by the board if the data are released pursuant to a 
written request under this subdivision, unless the information 
is false and the person or organization giving the information 
knew, or had reason to believe, the information was false.  
Information obtained under this subdivision is private data 
under sections 13.01 to 13.87. 
    Sec. 6.  [148B.45] [ADVERSE ACTIONS.] 
    Subdivision 1.  [FORMS OF ADVERSE ACTION.] When the board 
finds that a mental health service provider has violated a 
provision or provisions of this chapter, it may do one or more 
of the following:  
    (1) deny or reject the filing; 
    (2) revoke the right to practice;  
    (3) suspend the right to practice;  
    (4) impose limitations or conditions on the provider's 
provision of mental health services, the imposition of 
rehabilitation requirements, or the requirement of practice 
under supervision; 
    (5) impose a civil penalty not exceeding $10,000 for each 
separate violation, the amount of the civil penalty to be fixed 
so as to deprive the provider of any economic advantage gained 
by reason of the violation charged or to reimburse the board for 
all costs of the investigation and proceeding;  
    (6) order the provider to provide unremunerated 
professional service under supervision at a designated public 
hospital, clinic, or other health care institution; or 
    (7) censure or reprimand the provider.  
    Subd. 2.  [PROCEDURES.] The board shall adopt a written 
statement of internal operating procedures for receiving and 
investigating complaints reviewing misconduct cases, and 
imposing adverse actions. 
    Subd. 3.  [MANDATORY SUSPENSION OR REVOCATION OF RIGHT OF 
PRACTICE.] The board shall suspend or revoke the right of a 
provider to provide mental health services for violations of 
section 4, subdivision 1, paragraphs (a), (b), and (m). 
    Sec. 7.  [148B.46] [MENTAL HEALTH CLIENT BILL OF RIGHTS.] 
    Subdivision 1.  [SCOPE.] All mental health service 
providers other than those providing services in a facility 
regulated under section 144.651 shall provide to each client 
prior to providing treatment a written copy of the mental health 
client bill of rights.  A copy must also be posted in a 
prominent location in the office of the mental health service 
provider.  Reasonable accommodations shall be made for those 
clients who cannot read or who have communication impairments 
and those who do not read or speak English.  The mental health 
client bill of rights shall include the following: 
    (a) The name, title, business address, and telephone number 
of the provider.  
    (b) The degrees, training, experience, or other 
qualifications of the provider, followed by the following 
statement in bold print: 
    THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL 
AND TRAINING STANDARDS FOR MENTAL HEALTH SERVICE PROVIDERS.  
THIS STATEMENT OF CREDENTIALS IS FOR INFORMATIONAL PURPOSES ONLY.
    (c) The name, business address, and telephone number of the 
provider's supervisor, if any.  
    (d) Notice that a client has the right to file a complaint 
with the provider's supervisor, if any, and the procedure for 
filing complaints. 
    (e) The name, address, and telephone number of the board 
and notice that a client may file complaints with the board.  
    (f) The provider's fees per unit of service, the provider's 
method of billing for such fees, the names of any insurance 
companies that have agreed to reimburse the provider, or health 
maintenance organizations with whom the provider contracts to 
provide service, whether the provider accepts Medicare, medical 
assistance, or general assistance medical care, and whether the 
provider is willing to accept partial payment, or to waive 
payment, and in what circumstances.  
    (g) A statement that the client has a right to reasonable 
notice of changes in services or charges. 
    (h) A brief summary, in plain language, of the theoretical 
approach used by the provider in treating patients.  
    (i) Notice that the client has a right to complete and 
current information concerning the provider's assessment and 
recommended course of treatment, including the expected duration 
of treatment.  
    (j) A statement that clients may expect courteous treatment 
and to be free from verbal, physical, or sexual abuse by the 
provider.  
    (k) A statement that client records and transactions with 
the provider are confidential, unless release of these records 
is authorized in writing by the client, or otherwise provided by 
law.  
    (l) A statement of the client's right to be allowed access 
to records and written information from records in accordance 
with section 144.335. 
    (m) A statement that other services may be available in the 
community, including where information concerning services is 
available.  
    (n) A statement that the client has the right to choose 
freely among available providers, and to change providers after 
services have begun, within the limits of health insurance, 
medical assistance, or other health programs.  
    (o) A statement that the client has a right to coordinated 
transfer when there will be a change in the provider of services.
    (p) A statement that the client may refuse services or 
treatment, unless otherwise provided by law.  
    (q) A statement that the client may assert the client's 
rights without retaliation. 
    Subd. 2.  [ACKNOWLEDGMENT BY CLIENT.] Prior to the 
provision of any service, the client must sign a written 
statement attesting that the client has received the client bill 
of rights.  
    Sec. 8.  [148B.47] [RENEWALS.] 
    Notwithstanding any other law, the board shall adopt rules 
providing for the renewal of filings.  The rules shall specify 
the period of time for which a filing is valid, procedures and 
information required for the renewal, and renewal fees.  
    Sec. 9.  [148B.48] [REPORTS.] 
    Subdivision 1.  [COMMISSIONER OF HEALTH.] The commissioner 
of health shall review the report of the office under sections 
214.001, 214.13, and 214.141.  The commissioner shall make 
recommendations to the legislature by January 15, 1991, on the 
need for registration or licensure of unlicensed mental health 
service providers and the need to retain the board of unlicensed 
mental health service providers. 
    Subd. 2.  [BOARD OF UNLICENSED MENTAL HEALTH SERVICE 
PROVIDERS.] The board of unlicensed mental health service 
providers must report on the board's findings and activities to 
the commissioner of health and the legislature by July 1, 1990.  
The board shall report to the legislature on or before January 
15, 1991, with recommendations on whether providers who are not 
trained should be allowed to continue to practice. 
    Subd. 3.  [LEGISLATIVE INTENT.] Nothing in this section is 
intended to require the commissioner of health to delay review 
of applications for credentialing pursuant to sections 214.13 
and 214.141 pending the outcome of the reports required under 
this section. 
    Sec. 10.  [APPROPRIATION.] 
    $835,000 is appropriated from the special revenue fund to 
the office of social work and mental health boards. 
    Sec. 11.  [SUNSET.] 
    Article 4, sections 1 to 8, are repealed effective July 1, 
1991. 
    Approved June 1, 1987

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