Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 255-S.F.No. 300 
 [At the time of publication, the question of whether this 
chapter is law was under consideration by Minnesota courts.] 
           An act relating to health; clarifying requirements for 
          licensing psychologists and psychological 
          practitioners; describing duties of the board of 
          psychology; establishing requirements for the 
          independent practice of psychology; amending Minnesota 
          Statutes 1990, sections 62A.152, subdivisions 2 and 3; 
          148.88; 148.89; 148.90; 148.91; 148.93; 148.95; 
          148.96; 148.97, subdivision 1; 148.98; and 253B.02, 
          subdivision 7; proposing coding for new law in 
          Minnesota Statutes, chapter 148; repealing Minnesota 
          Statutes 1990, sections 148.92; and 148.97, 
          subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 62A.152, 
subdivision 2, is amended to read: 
    Subd. 2.  [MINIMUM BENEFITS.] (a) All group policies and 
all group subscriber contracts providing benefits for mental or 
nervous disorder treatments in a hospital shall also provide 
coverage on the same basis as coverage for other benefits for at 
least 80 percent of the cost of the usual and customary charges 
of the first ten hours of treatment incurred over a 12-month 
benefit period, for mental or nervous disorder consultation, 
diagnosis and treatment services delivered while the insured 
person is not a bed patient in a hospital, and at least 75 
percent of the cost of the usual and customary charges for any 
additional hours of treatment during the same 12-month benefit 
period for serious or persistent mental or nervous disorders, if 
the services are furnished by (1) a licensed or accredited 
hospital, (2) a community mental health center or mental health 
clinic approved or licensed by the commissioner of human 
services or other authorized state agency, (3) a licensed 
psychologist psychological practitioner licensed under the 
provisions of sections 148.88 to 148.98, (4) a licensed 
consulting psychologist licensed under the provisions of 
sections 148.88 to 148.98, or (5) a psychiatrist licensed under 
chapter 147.  Prior authorization from an accident and health 
insurance company, or a nonprofit health service corporation, 
shall be required for an extension of coverage beyond ten hours 
of treatment.  This prior authorization must be based upon the 
severity of the disorder, the patient's risk of deterioration 
without ongoing treatment and maintenance, degree of functional 
impairment, and a concise treatment plan.  Authorization for 
extended treatment may be limited to a maximum of 30 visit hours 
during any 12-month benefit period. 
     (b) For purposes of this section, covered treatment for a 
minor includes treatment for the family if family therapy is 
recommended by a provider listed in paragraph (a).  For purposes 
of determining benefits under this section, "hours of treatment" 
means treatment rendered on an individual or single-family 
basis.  If treatment is rendered on a group basis, the hours of 
covered group treatment must be provided at a ratio of no less 
than two group treatment sessions to one individual treatment 
hour.  
    Sec. 2.  Minnesota Statutes 1990, section 62A.152, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROVIDER DISCRIMINATION PROHIBITED.] All group 
policies and group subscriber contracts that provide benefits 
for mental or nervous disorder treatments in a hospital must 
provide direct reimbursement for those services if performed by 
a licensed psychologist psychological practitioner or a licensed 
consulting psychologist to the extent that the services and 
treatment are within the scope of licensed psychologist 
psychological practitioner or licensed consulting psychologist 
licensure.  The order of the physician requesting the services 
of the licensed psychologist or licensed consulting psychologist 
may be required to be submitted with the claim for payment.  
    This subdivision is intended to provide payment of benefits 
for mental or nervous disorder treatments performed by a 
licensed psychologist psychological practitioner or a licensed 
consulting psychologist in a hospital and is not intended to 
change or add benefits for those services provided in policies 
or contracts to which this subdivision applies.  
    Sec. 3.  Minnesota Statutes 1990, section 148.88, is 
amended to read: 
    148.88 [CITATION.] 
    Sections 148.88 to 148.98 may shall be cited as the 
Minnesota licensing law for psychologists. 
    Sec. 4.  [148.881] [DECLARATION OF POLICY.] 
    The practice of psychology in Minnesota affects the public 
health, safety, and welfare.  The regulations in sections 148.88 
to 148.98 protect the public from the practice of psychology by 
unqualified persons and from unprofessional conduct by persons 
licensed to practice psychology. 
    Sec. 5.  Minnesota Statutes 1990, section 148.89, is 
amended to read: 
    148.89 [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] For the purpose purposes 
of Laws 1973, chapter 685 sections 148.88 to 148.98, the term 
"private practice of psychology" means the application for a 
fee, monetary or otherwise, to the public of psychological 
principles in the description, prediction and modification of 
human behavior and emotional adjustment, including but not 
restricted to such practices as: 
    (1) Psychological assessment, including such functions as 
intelligence, personality, aptitude, and attitude appraisal; 
    (2) Psychological treatment of persons who have adjustment 
problems; 
    (3) Psychological counseling and guidance; 
    (4) Conducting behavioral research; and 
    (5) Teaching of psychology following terms have the 
meanings given them.  
    Subd. 2.  [BOARD OF PSYCHOLOGY OR BOARD.] For the purpose 
of Laws 1973, chapter 685 the term "collaboration" means 
consultation between a licensed psychologist and a licensed 
consultant psychologist on at least an annual basis but shall 
not necessarily require consultation on each case referred to a 
licensed psychologist.  "Board of psychology" or "board" means 
the board established under section 148.90. 
    Subd. 3.  [INDEPENDENT PRACTICE.] "Independent practice" 
means the practice of psychology without supervision. 
    Subd. 4.  [LICENSEE.] "Licensee" means a person who is 
licensed by the board as a licensed psychologist or as a 
psychological practitioner. 
    Subd. 5.  [PRACTICE OF PSYCHOLOGY.] "Practice of 
psychology" means the observation, description, evaluation, 
interpretation, and modification of human behavior by the 
application of psychological principles, methods, and 
procedures, to prevent or eliminate symptomatic, maladaptive, or 
undesired behavior and to enhance interpersonal relationships, 
work and life adjustment, personal and organizational 
effectiveness, behavioral health, and mental health.  The 
practice of psychology includes, but is not limited to, the 
following services, regardless of whether the provider receives 
payment for the services: 
    (1) psychological research, psychological testing, and the 
evaluation or assessment of personal characteristics such as 
intelligence, personality, abilities, interests, aptitudes, and 
neuropsychological functioning; 
    (2) counseling, psychoanalysis, psychotherapy, hypnosis, 
biofeedback, and diagnosis and treatment of:  (i) mental and 
emotional disorder or disability; (ii) alcoholism and substance 
abuse; (iii) disorders of habit or conduct; and (iv) the 
psychological aspects of physical illness, accident, injury, or 
disability; and 
    (3) psychoeducational evaluation, therapy, remediation, and 
consultation.  Recipients of psychological services include 
individuals, families, groups, organizations, and the public.  
    Subd. 6.  [PSYCHOLOGIST.] "Psychologist" means a person who 
represents himself or herself to be a psychologist by:  (1) 
using any title or description of services incorporating the 
words "psychology," "psychological," or "psychologist"; and (2) 
representing that the person has expert qualification in any 
area of psychology. 
    Subd. 7.  [SUPERVISED PSYCHOLOGICAL EMPLOYMENT.] 
"Supervised psychological employment" means paid or volunteer 
work experience and postdegree training of a person seeking to 
be licensed as a licensed psychologist that involves the direct 
professional oversight of a licensed psychologist and satisfies 
the supervision requirements in section 11. 
    Subd. 8.  [SUPERVISION.] "Supervision" means: 
    (1) face-to-face documented consultation between a 
supervising licensed psychologist and a psychological 
practitioner under the conditions specified in section 11; or 
    (2) documented consultation between an applicant for 
licensure as a licensed psychologist and either a supervising 
licensed psychologist or a person designated by the supervising 
licensed psychologist, under the conditions specified in section 
11. 
    Sec. 6.  Minnesota Statutes 1990, section 148.90, is 
amended to read: 
    148.90 [BOARD OF PSYCHOLOGY.] 
    Subdivision 1.  [BOARD OF PSYCHOLOGY.] (a) The board of 
psychology is hereby created with the powers and duties as 
hereinafter prescribed described in this section.  The 
board shall consist of has 11 members.  In its initial 
composition, membership shall who consist of (1) three 
psychologists whose qualifications shall be not less than those 
specified in section 148.91, subdivision 4, (2) two 
psychologists whose qualifications shall be those specified in 
section 148.91, subdivision 5, (3) two doctoral level 
psychologists, not necessarily licensed under Laws 1973, chapter 
685, whose specialties broadly represent the fields of interest 
in psychology, and (4) four public members.  After the initial 
appointments, members specified in clause (1) shall be licensed 
consulting psychologists and members specified in clause (2) 
shall be licensed psychologists.: 
     (1) three persons licensed as licensed psychologists who 
have a doctoral degree in psychology; 
     (2) two persons licensed as licensed psychologists who have 
a master's degree in psychology; 
    (3) two psychologists, not necessarily licensed, one with a 
doctoral degree in psychology who represents a doctoral training 
program in psychology, and one who represents a master's degree 
training program in psychology; 
    (4) one person licensed or qualified to be licensed as a 
psychological practitioner; and 
    (5) three public members. 
    (b) After the date on which fewer than 30 percent of the 
persons licensed by the board as licensed psychologists qualify 
for licensure under section 148.921, subdivision 2, the first 
vacancy filled under paragraph (a), clause (2), must be filled 
by a person licensed or qualified to be licensed as a 
psychological practitioner.  From this date on, this position 
when vacant must be filled by a person licensed or qualified to 
be licensed as a psychological practitioner. 
    (c) After the date on which fewer than 15 percent of the 
persons licensed by the board as licensed psychologists qualify 
for licensure under section 148.921, subdivision 2, the first 
vacancy under paragraph (a), clause (2), for a person licensed 
as a licensed psychologist with a master's degree in psychology 
must be filled by a person licensed as a licensed psychologist 
who has a doctoral degree in psychology.  From this date on, 
this position when vacant must be filled by a person licensed as 
a licensed psychologist who has a doctoral degree in psychology. 
    (d) Following the filling of the first vacancy under 
paragraph (c), no further appointments shall be made pursuant to 
paragraph (a), clause (2). 
     Subd. 2.  [MEMBERS.] (a) The members of the board shall: 
    (1) be appointed by the governor; 
    (2) be residents of the state; 
    (3) serve for not more than two consecutive terms; 
    (4) designate the officers of the board, and pursuant to 
chapter 14, prescribe rules as may be necessary to enable it to 
carry into effect the provisions of Laws 1973, chapter 685; and 
    (5) administer oaths pertaining to the business of the 
board. 
    Public members of the board shall broadly represent the 
public interest and shall not:  (a) be members of health 
professions licensed by the state of Minnesota; (b) be a spouse, 
parent, child, or employee of a practicing psychologist or of a 
health professional licensed by the state of Minnesota; or (c) 
be persons who are or were before their retirement persons who 
were engaged on a full or part-time basis in the practice of 
psychology.  (b) A public member of the board shall broadly 
represent the public interest and shall not: 
    (1) be a psychologist or engage in the practice of 
psychology before retirement; 
    (2) be an applicant or former applicant for licensure; 
    (3) be a member of another health profession; 
    (4) be a member of a household that includes a 
psychologist; or 
    (5) have conflicts of interest or the appearance of 
conflicts with duties as a board member. 
    Subd. 3.  [TERMS; COMPENSATION; REMOVAL OF MEMBERS.] 
Membership terms, compensation of members, removal of members, 
the filling of membership vacancies, and fiscal year and 
reporting requirements shall be as provided in sections 214.07 
to 214.09 chapter 214.  The provision of staff, administrative 
services and office space; the review and processing of 
complaints; the setting of board fees; and other 
provisions activities relating to board operations shall be as 
provided in conducted according to chapter 214 and Laws 1976, 
chapter 222, sections 2 to 7. 
    Sec. 7.  [148.905] [DUTIES OF THE BOARD.] 
    Subdivision 1.  [GENERAL.] The board shall: 
    (1) adopt and enforce rules for licensing psychologists and 
for regulating their professional conduct.  The rules must 
include, but are not limited to, standards for training, 
supervision, the practice of psychology, and any other areas 
covered by sections 148.88 to 148.98; 
    (2) adopt rules that provide for examinations and establish 
a code of professional ethics and requirements for continuing 
education; 
    (3) hold examinations at least once a year to assess 
applicants' knowledge and skills.  The examinations may be 
written or oral or both, and may be administered by the board or 
by institutions or individuals designated by the board; 
    (4) issue licenses to individuals qualified under section 
148.91, according to the procedures for licensing in Minnesota 
Rules; 
    (5) issue copies of the rules for licensing to all 
applicants; 
    (6) establish and maintain annually a register of current 
licenses; 
    (7) establish reasonable fees for the issuance and renewal 
of licenses and other services by the board.  Fees must be set 
to defray the cost of administering the provisions of sections 
148.88 to 148.98 including applications, examinations, 
enforcement, and the cost of maintaining the operations of the 
board; 
    (8) educate the public about the requirements for licensing 
of psychologists and about the code of professional ethics, to 
allow consumers to file complaints against licensees who may 
have violated licensing requirements or professional ethics; 
    (9) establish or approve programs that qualify for 
professional psychology continuing educational credit.  The 
board may hire consultants, agencies, or professional 
psychological associations to establish and approve continuing 
education courses; and 
    (10) establish and implement, by January 1, 1992, a process 
for certifying psychologists' competencies in specialty areas, 
including but not limited to the area of supervision.  The 
process shall include steps to verify that a psychologist has 
had adequate education and experience in a specialty area to be 
considered competent to practice in that area.  Recertification 
of competencies declared prior to the effective date of this act 
shall not be required. 
    Subd. 2.  [ADDITIONAL POWERS.] The board may adopt rules 
necessary to define standards or to carry out the provisions of 
sections 148.88 to 148.98.  Rules shall be adopted according to 
chapter 14. 
    Sec. 8.  Minnesota Statutes 1990, section 148.91, is 
amended to read: 
    148.91 [REQUIREMENTS OF LICENSES.] 
    Subdivision 1.  [LEVELS OF PRACTICE.] The board may grant 
licenses for two levels of psychological practice.  The persons 
so licensed are to be known and are hereafter referred to as 
(a) (1) licensed consulting psychologist and (b) licensed 
psychologist, or if both levels are referred to, as licensee (2) 
psychological practitioner. 
    Subd. 2.  [TESTING REQUIRED.] Before granting any such a 
license, the board shall require every an applicant therefor to 
pass a skills assessment and an examination in psychology.  This 
examination A different skills assessment and examination may be 
required of applicants for each of the levels of practice 
enumerated in subdivision 1.  The examinations shall be given at 
least once each a year, at such a time and place and under 
such supervision as the board prescribes may prescribe. 
    Subd. 3.  [FEE; TERM OF LICENSE.] Each An applicant shall 
pay a nonrefundable application fee set by the board.  The 
licenses granted hereunder by the board shall be valid for a 
period as set by the board of three years and shall be renewed 
on a three-year basis.  The fee for a license and for renewal 
shall be set by the board. 
    Subd. 4.  [AGE AND ETHICAL REQUIREMENTS.] To become a 
licensed consulting psychologist a person must fulfill and 
comply with the requirements of subdivision 2 and satisfy the 
board that the person: 
    (1) Has, an applicant must have attained the age of 
majority;, 
    (2) Is be of good moral character, and is not found to be 
engaging have engaged in unethical practices as defined within 
in the code of ethics adopted pursuant to section 148.98; 
    (3) Has received a doctorate degree with a major in 
psychology, which may include educational and child psychology, 
from an educational institution meeting standards which may be 
prescribed by rule of the board; and 
    (4) Has had at least two full years or their equivalent of 
post doctoral employment as a psychologist the board adopts. 
    Subd. 5.  [EDUCATIONAL REQUIREMENTS FOR LICENSED CONSULTING 
PSYCHOLOGIST.] To become a licensed psychologist, a person 
must comply with the requirements of subdivisions 2 to 4 and 
must have: 
    (1) received a doctorate or master's degree or has received 
the equivalent of a master's degree in a doctoral program with a 
major in psychology, which may include educational and child 
psychology, from an educational institution meeting the 
standards which may be prescribed by rule of the board has 
established by rule; and 
    (2) completed at least two full years of experience or its 
their equivalent of employment as a psychologist after receiving 
the training upon which application for this license is made; 
    (3) Otherwise fulfilled and complied with subdivision 2 and 
subdivision 4, clauses (1) and (2) postdoctoral supervised 
psychological employment. 
    Subd. 6.  [EDUCATIONAL REQUIREMENTS FOR PSYCHOLOGICAL 
PRACTITIONER.] To become licensed as a psychological 
practitioner, a person must comply with the provisions of 
subdivisions 2 to 4 and must have received a doctorate or 
master's degree or the equivalent of a master's degree in a 
doctoral program with a major in psychology from an educational 
institution meeting the standards the board has established by 
rule. 
    Sec. 9.  [148.911] [CONTINUING EDUCATION.] 
    When the licensee renews the license, the licensee must 
provide the board with satisfactory evidence that the licensee 
has completed continuing education requirements established by 
the board.  Continuing education programs must be approved under 
section 148.905, subdivision 1, clause (9).  The board shall 
establish by rule the number of continuing education training 
hours required each year and may specify subject or skills areas 
that the licensee must address.  In specifying subject or skills 
areas, the board shall consider the need for continuing 
education requirements in the areas of ethics, forensic 
practice, and supervision. 
    Sec. 10.  [148.921] [WAIVERS.] 
    Subdivision 1.  [PERSONS PREVIOUSLY LICENSED.] A person 
licensed in this state as a licensed consulting psychologist or 
a licensed psychologist on the effective date of this act 
qualifies for licensure as a licensed psychologist, as defined 
in section 148.91, at the time of license renewal. 
    Subd. 2.  [PERSONS PREVIOUSLY QUALIFIED.] The board shall 
grant a license for a licensed psychologist without further 
examination to a person who: 
    (1) before November 1, 1991, entered a program granting a 
master's degree with a major in psychology at an educational 
institution meeting the standards the board has established by 
rule; 
    (2) before November 1, 1992, filed with the board a written 
declaration of intent to seek licensure under this subdivision; 
    (3) complied with all requirements of section 8, 
subdivisions 2 to 4, before December 31, 1997; and 
    (4) completed at least two full years or their equivalent 
of post-master's supervised psychological employment before 
December 31, 1998. 
    Subd. 3.  [RECIPROCITY.] The board may grant a license 
without an examination to a diplomate of the American Board of 
Professional Psychology or to any person who at the time of 
application is licensed or certified by a similar board of 
another state whose standards, in the judgment of the board, are 
not lower than those required by section 148.91. 
    Sec. 11.  [148.925] [SUPERVISION.] 
    Subdivision 1.  [PERSONS QUALIFIED TO PROVIDE SUPERVISION.] 
(a) The following persons are qualified to provide supervision 
for master's degree level applicants for licensure as a licensed 
psychologist: 
    (1) a licensed psychologist with a competency in 
supervision in professional psychology and in the area of 
practice being supervised; and 
    (2) a person eligible for licensure by reciprocity who, in 
the judgment of the board, is competent or experienced in 
professional psychology and in the area of practice being 
supervised. 
    (b) Professional supervision of a doctoral level applicant 
for licensure as a licensed psychologist must be provided by a 
person: 
    (1) who meets the requirements of paragraph (a), clause (1) 
or (2), and 
    (2)(i) who has a doctorate degree with a major in 
psychology, or 
    (ii) who was licensed by the board as a psychologist before 
August 1, 1991, and is certified by the board as competent in 
supervision of applicants for licensure in accord with section 
7, subdivision 1, clause (10), by August 1, 1993. 
    Subd. 2.  [SUPERVISORY CONSULTATION.] (a) Supervisory 
consultation between a supervising licensed psychologist and a 
supervised psychological practitioner must occur on a one-to-one 
basis at a ratio of at least one hour of supervision for the 
initial 20 or fewer hours of psychological services delivered 
per month and no less than one hour a month.  The consultation 
must be at least one hour in duration.  For each additional 20 
hours of psychological services delivered per month, an 
additional hour of supervision must occur.  However, if more 
than 20 hours of psychological services are provided in a week, 
no time period of supervision beyond one hour per week is 
required, but supervision must be adequate to assure the quality 
and competence of the services.  Supervisory consultation must 
include discussions on the nature and content of the practice of 
the psychological practitioner, including but not limited to a 
review of a representative sample of psychological services in 
the supervisee's practice. 
    (b) Supervision of an applicant for licensure as a licensed 
psychologist must include at least two hours of regularly 
scheduled face-to-face consultations a week, one hour of which 
must be with the supervisor on a one-to-one basis.  The 
remaining hour may be with other mental health professionals 
designated by the supervisor. 
    Sec. 12.  Minnesota Statutes 1990, section 148.93, is 
amended to read: 
    148.93 [LIMITATION.] 
    Subdivision 1.  [FEE SPLITTING PROHIBITED.] A licensed 
psychologist may engage in private practice only in 
collaboration with at least one licensed consulting psychologist 
in the licensed psychologist field of practice.  In addition, a 
licensed psychologist so collaborating may form any other 
working relationships with psychologists or other professionals 
insofar as these do not violate other sections of this or other 
Minnesota Statutes.  It shall be is unlawful for any licensed 
psychologist or licensed consulting psychologist a licensee to 
divide fees with, or to pay a commission to, or to pay a 
referral fee to any other person who calls for consultation or 
sends clients for psychological services as defined in Laws 
1973, chapter 685, provided that unless the licensee receives a 
payment of a fee for collaborative services performed is not 
prohibited by this section in proportion to the services 
provided and the responsibility assumed by each professional and 
the licensee has disclosed the terms of the division.  
    Subd. 2.  [REQUIREMENTS FOR INDEPENDENT PRACTICE.] After 
the effective date of this section, no person shall engage in 
the independent practice of psychology unless that person is 
licensed as a licensed psychologist. 
    Subd. 3.  [REQUIREMENTS FOR PSYCHOLOGICAL PRACTITIONERS.] A 
psychological practitioner shall practice only under supervision 
that satisfies the requirements of section 11 and while employed 
by either a licensed psychologist or a health care or social 
service agency which employs or contracts with a supervising 
licensed psychologist who shares clinical responsibility for the 
care provided by the psychological practitioner. 
    Subd. 4.  [WAIVER.] (a) The board shall grant a waiver from 
the supervision requirements of section 11 to a psychological 
practitioner who presents evidence of: 
    (1) completion of two full years or their equivalent of 
supervised post-master's degree employment, meeting the 
requirements of section 11; 
    (2) endorsement for specific areas of competency by the 
licensed psychologist who provided the two years of supervision; 
    (3) employment by a hospital or by a community mental 
health center or nonprofit mental health clinic or social 
service agency providing services as a part of the mental health 
service plan required by the comprehensive mental health act; 
    (4) the employer's acceptance of clinical responsibility 
for the care provided by the psychological practitioner; and 
    (5) a plan for supervising the work of the psychological 
practitioner which is satisfactory to the board. 
    (b) From the effective date of this act until December 31, 
1993, the supervision requirements of section 11 must be deemed 
by the board to be waived for a person who has submitted a 
request for a waiver under paragraph (a) from the time the 
person submits the request for a waiver until the board has:  
(1) reviewed the waiver request; (2) given the applicant a 
reasonable opportunity to furnish additional or supplementary 
information required by the board; and (3) either granted the 
waiver or denied the request for a waiver.  After December 31, 
1993, the supervision requirements must be deemed waived for a 
person who previously received a waiver under paragraph (a) and 
is seeking a new waiver because of a change of employment to a 
different employer or employment setting.  The deemed waiver 
continues until the board either grants or denies the waiver as 
provided in clauses (1) to (3).  A person who has been denied a 
waiver is entitled to appeal the decision using a contested case 
hearing.  The person must request a hearing within 30 days after 
receiving notice from the board that the request for a waiver 
has been denied.  A deemed waiver under this paragraph continues 
until the appeal has been resolved. 
    Sec. 13.  Minnesota Statutes 1990, section 148.95, is 
amended to read: 
    148.95 [SUSPENSION AND REVOCATION.] 
    The board may suspend or revoke the license of any 
consulting psychologist or psychologist may be suspended or 
revoked by the board licensee upon proof of guilt that the 
licensee has been guilty of unprofessional conduct as defined by 
the rules established by the board or violation of has violated 
the code of ethics adopted by the board. 
    For reasons it deems considers sufficient and upon a an 
affirmative vote of six of its members, the board may restore a 
license which that has been revoked, reduce a period of 
suspension, or withdraw a reprimand. 
    Sec. 14.  Minnesota Statutes 1990, section 148.96, is 
amended to read: 
    148.96 [PRESENTATION TO PUBLIC.] 
    Subdivision 1.  [REQUIREMENTS FOR ADVERTISING.] No 
individual shall present or permit presentation of that 
individual to the public by any title incorporating the word 
"psychological," "psychologist," or "psychology" other than 
those so licensed by Laws 1973, chapter 685; except that: All 
psychologists and psychological practitioners, when representing 
themselves to the public through written materials or 
advertising, must use their academic degree as well as their 
license status in the advertising or written materials. 
    Subd. 2.  [DISCLOSURE OF EDUCATION.] At the initial 
meeting, a psychologist shall display or make available to each 
new client accurate information about the qualifications and 
competencies of the psychologist, in accordance with regulations 
of the board. 
    Subd. 3.  [REQUIREMENTS FOR REPRESENTATIONS TO THE PUBLIC.] 
Individuals shall not present themselves or permit themselves to 
be presented to the public as psychologists unless they are 
licensed under sections 148.88 to 148.98, except as provided in 
paragraphs (a) to (c). 
    (1) Any (a) Psychologically trained individual individuals 
who are employed by an educational institutions institution 
recognized by a regional accrediting organization, by a federal, 
state, county, or local governmental institutions government 
institution, agencies, or research facilities, or agencies 
providing services on a contracting basis may be 
represented represent themselves by the academic or research 
title designated by that organization;. 
    (2) Any (b) A psychologically trained individual from such 
recognized institutions, as given an institution described 
in clause (1), paragraph (a) may offer lecture services and be 
exempt from the provisions of this section; and. 
    (3) Persons (c) A person preparing for the profession of 
psychologist under qualified supervision in recognized training 
institutions or facilities may be designated by such titles as 
a "psychological intern," "psychological trainee," or others by 
other terms clearly indicating such describing the person's 
training status.  
    (d) Nothing in this section shall be construed to prohibit 
the practice of school psychology by a person licensed in 
accordance with chapter 125. 
    Sec. 15.  Minnesota Statutes 1990, section 148.97, 
subdivision 1, is amended to read: 
    Subdivision 1.  Any person who shall engage in the private 
practice of psychology without having obtained a license under 
Laws 1973, chapter 685 and any person who shall violate violates 
any other provision of Laws 1973, chapter 685 shall be sections 
148.88 to 148.97 is guilty of a misdemeanor. 
    Sec. 16.  Minnesota Statutes 1990, section 148.98, is 
amended to read: 
    148.98 [CODE OF ETHICS.] 
    The board shall adopt a code of ethics to govern 
appropriate practices or behavior, as referred to in section 
148.89.  The board shall publish the code in the State Register 
and file such the code with the secretary of state at least 30 
days prior to the effective date of such the code.  This The 
code of ethics shall include, but is not be limited to, 
the following principles: in paragraphs (a) to (c).  
    (1) (a) The psychologist recognizes personal shall 
recognize the boundaries of the psychologist's competence and 
the limitation of the psychologist's techniques and does shall 
not offer services or use techniques that fail to meet usual and 
customary professional standards established in particular 
fields. 
    (2) (b) The psychologist who engages in practice assists 
the client shall assist clients in obtaining professional help 
for all important aspects of the client's problem their problems 
that fall outside the boundaries of the psychologist's 
competence. 
    (3) (c) A psychologist does shall not claim either directly 
or by implication professional qualifications that differ 
from the psychologist's actual qualifications, nor does shall 
the psychologist misrepresent the psychologist's affiliation 
with any institution, organization, or individual, nor lead 
others to assume the psychologist has false affiliations an 
affiliation that does not exist. 
    Sec. 17.  Minnesota Statutes 1990, section 253B.02, 
subdivision 7, is amended to read: 
    Subd. 7.  [EXAMINER.] "Examiner" means a person who is 
knowledgeable, trained, and practicing in the diagnosis and 
treatment of the alleged impairment and who is:  
    (1) a licensed physician; or 
    (2) a licensed consulting psychologist, knowledgeable, 
trained and practicing in the diagnosis and treatment of the 
alleged impairment who has a doctoral degree in psychology or 
who became licensed as a licensed consulting psychologist before 
July 2, 1975.  
    Sec. 18.  [LEGISLATIVE INTENT.] 
    In passing sections 1 to 17, the legislature does not 
intend to expand the jurisdiction of the board of psychology to 
include occupations and professions not traditionally regulated 
by the board, including, but not limited to, chemical dependency 
counselors, occupational therapists, and employment 
rehabilitation workers. 
    Sec. 19.  [INSTRUCTION TO REVISOR.] 
    In the next edition of Minnesota Statutes and Minnesota 
Rules, the revisor of statutes shall:  (1) substitute the term 
"psychological practitioner" for the term "licensed psychologist"
wherever the latter term appears; (2) substitute the term 
"licensed psychologist" for the term "licensed consulting 
psychologist" wherever the latter term appears; and (3) 
substitute the citation "sections 148.88 to 148.97" for the 
citation "Laws 1973, chapter 685" wherever the latter citation 
appears in Minnesota Statutes, sections 148.89, 148.90, 148.93, 
148.96, and 148.97.  This instruction does not apply to the 
language in this act. 
    Sec. 20.  [REPEALER.] 
    Minnesota Statutes 1990, sections 148.92 and 148.97, 
subdivision 4, are repealed. 
    Presented to the governor May 28, 1991 
    Filed with the secretary of state June 10, 1991