Office of the Revisor of Statutes
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
Official Publication of the State of Minnesota
Revisor of Statutes