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Office of the Revisor of Statutes

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                            CHAPTER 424-S.F.No. 842 
                  An act relating to occupations and professions; board 
                  of psychology; modifying board duties; changing types 
                  of licensure; changing licensure provisions; providing 
                  for discipline; providing penalties; amending 
                  Minnesota Statutes 1994, sections 148.88; 148.881; 
                  148.89, subdivisions 2a and 5; 148.90, subdivisions 1 
                  and 2; 148.905, subdivision 1; 148.911; 148.925; 
                  148.941, subdivisions 2, 4, and by adding 
                  subdivisions; 148.96; 148.975; 148.98; 253B.02, 
                  subdivision 11; Minnesota Statutes 1995 Supplement, 
                  section 147.09; proposing coding for new law in 
                  Minnesota Statutes, chapter 148; repealing Minnesota 
                  Statutes 1994, sections 148.89, subdivisions 6, 7, and 
                  8; 148.91; 148.93; 148.951; and 148.97; Minnesota 
                  Statutes 1995 Supplement, section 148.921. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        147.09, is amended to read: 
           147.09 [EXEMPTIONS.] 
           Section 147.081 does not apply to, control, prevent or 
        restrict the practice, service, or activities of:  
           (1) A person who is a commissioned medical officer of, a 
        member of, or employed by, the armed forces of the United 
        States, the United States Public Health Service, the Veterans 
        Administration, any federal institution or any federal agency 
        while engaged in the performance of official duties within this 
        state, if the person is licensed elsewhere.  
           (2) A licensed physician from a state or country who is in 
        actual consultation here.  
           (3) A licensed or registered physician who treats the 
        physician's home state patients or other participating patients 
        while the physicians and those patients are participating 
        together in outdoor recreation in this state as defined by 
        section 86A.03, subdivision 3.  A physician shall first register 
        with the board on a form developed by the board for that 
        purpose.  The board shall not be required to promulgate the 
        contents of that form by rule.  No fee shall be charged for this 
        registration.  
           (4) A student practicing under the direct supervision of a 
        preceptor while the student is enrolled in and regularly 
        attending a recognized medical school.  
           (5) A student who is in continuing training and performing 
        the duties of an intern or resident or engaged in postgraduate 
        work considered by the board to be the equivalent of an 
        internship or residency in any hospital or institution approved 
        for training by the board, provided the student has a residency 
        permit issued by the board under section 147.0391. 
           (6) A person employed in a scientific, sanitary, or 
        teaching capacity by the state university, the department of 
        children, families, and learning, or by any public or private 
        school, college, or other bona fide educational institution, or 
        the state department of health, whose duties are entirely of a 
        public health or educational character, while engaged in such 
        duties. 
           (7) Physician's assistants registered in this state.  
           (8) A doctor of osteopathy duly licensed by the state board 
        of osteopathy under Minnesota Statutes 1961, sections 148.11 to 
        148.16, prior to May 1, 1963, who has not been granted a license 
        to practice medicine in accordance with this chapter provided 
        that the doctor confines activities within the scope of the 
        license. 
           (9) Any person licensed by a health related licensing 
        board, as defined in section 214.01, subdivision 2, or 
        registered by the commissioner of health pursuant to section 
        214.13, including psychological practitioners with respect to 
        the use of hypnosis; provided that the person confines 
        activities within the scope of the license.  
           (10) A person who practices ritual circumcision pursuant to 
        the requirements or tenets of any established religion. 
           (11) A Christian Scientist or other person who endeavors to 
        prevent or cure disease or suffering exclusively by mental or 
        spiritual means or by prayer. 
           (12) A physician licensed to practice medicine in another 
        state who is in this state for the sole purpose of providing 
        medical services at a competitive athletic event.  The physician 
        may practice medicine only on participants in the athletic 
        event.  A physician shall first register with the board on a 
        form developed by the board for that purpose.  The board shall 
        not be required to adopt the contents of the form by rule.  The 
        physician shall provide evidence satisfactory to the board of a 
        current unrestricted license in another state.  The board shall 
        charge a fee of $50 for the registration.  
           (13) A psychologist licensed under section 148.91 148.907 
        or a social worker licensed under section 148B.21 who uses or 
        supervises the use of a penile or vaginal plethysmograph in 
        assessing and treating individuals suspected of engaging in 
        aberrant sexual behavior and sex offenders. 
           Sec. 2.  Minnesota Statutes 1994, section 148.88, is 
        amended to read: 
           148.88 [CITATION.] 
           Sections 148.88 to 148.98 and the rules adopted under them, 
        shall be cited as the Minnesota licensing law for 
        psychologists psychology practice act. 
           Sec. 3.  Minnesota Statutes 1994, section 148.881, is 
        amended to read: 
           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 unethical or unprofessional conduct 
        by persons licensed to practice psychology. 
           Sec. 4.  Minnesota Statutes 1994, section 148.89, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [CLIENT.] "Client" means a each person or legal, 
        religious, academic, organizational, business, governmental, or 
        other entity that receives, received, or should have received, 
        or arranged for another entity to receive services from a person 
        regulated under sections 148.88 to 148.98.  For the purposes of 
        sections 148.88 to 148.98, "client" includes may include patient 
        and, resident, counselee, evaluatee, and, as limited in the 
        rules of conduct, student, supervisee, or research subject.  In 
        the case of dual clients, the psychologist must be aware of the 
        responsibilities to each client, and of the potential for 
        divergent interests of each client. 
           Sec. 5.  Minnesota Statutes 1994, section 148.89, 
        subdivision 5, is amended to read: 
           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, teaching 
        of psychology, 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 or 
        condition, accident, injury, or disability; and 
           (v) bereavement issues; 
           (vi) family or relationship issues; and 
           (vii) work-related issues; and 
           (3) psychoeducational evaluation, therapy, remediation, and 
        consultation.  Recipients of psychological services include 
        individuals, families, groups, organizations, and the public.  
           Sec. 6.  Minnesota Statutes 1994, section 148.90, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [BOARD OF PSYCHOLOGY.] (a) The board of 
        psychology is created with the powers and duties described in 
        this section.  The board has 11 members who consist of: 
           (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 2 148.907, 
        subdivision 3, paragraph (b), the first vacancy filled under 
        paragraph (a), clause (2), must shall be filled by a person 
        licensed or qualified to be licensed as a licensed psychological 
        practitioner.  From this date on, this position when vacant must 
        shall be filled by a person licensed or qualified to be licensed 
        as a licensed 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 2 148.907, 
        subdivision 3, paragraph (b), the first vacancy under paragraph 
        (a), clause (2), for a person licensed as a licensed 
        psychologist with a master's degree in psychology must shall 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 shall 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). 
           Sec. 7.  Minnesota Statutes 1994, section 148.90, 
        subdivision 2, is amended to read: 
           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 
           (5) administer oaths pertaining to the business of the 
        board. 
           (b) A public member of the board shall broadly represent 
        the public interest and shall not: 
           (1) be a psychologist, psychological practitioner, or 
        engage have engaged 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 psychological practitioner; or 
           (5) have conflicts of interest or the appearance of 
        conflicts with duties as a board member. 
           Sec. 8.  Minnesota Statutes 1994, section 148.905, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] The board shall: 
           (1) adopt and enforce rules for licensing psychologists and 
        psychological practitioners 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 and enforce rules of conduct governing the practice of 
        psychology; 
           (3) hold examinations adopt and implement rules for 
        examinations which shall be held 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 sections 148.907 and 148.908, 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 and collect fees for the issuance 
        and renewal of licenses and other services by the board.  
        Fees must shall be set to defray the cost of administering the 
        provisions of sections 148.88 to 148.98 including costs for 
        applications, examinations, enforcement, materials, and the cost 
        of maintaining the operations of the board; 
           (8) educate the public about the requirements for licensing 
        of psychologists and of psychological practitioners and about 
        the code of professional ethics rules of conduct, to allow 
        consumers enable the public to file complaints against 
        applicants or licensees who may have violated licensing 
        requirements or professional ethics the psychology practice act; 
        and 
           (9) adopt and implement requirements for continuing 
        education and 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. 
           Sec. 9.  [148.906] [LEVELS OF PRACTICE.] 
           The board may grant licenses for levels of psychological 
        practice to be known as (1) licensed psychologist and (2) 
        licensed psychological practitioner. 
           Sec. 10.  [148.907] [LICENSED PSYCHOLOGIST.] 
           Subdivision 1.  [EFFECTIVE DATE.] After August 1, 1991, no 
        person shall engage in the independent practice of psychology 
        unless that person is licensed as a licensed psychologist. 
           Subd. 2.  [REQUIREMENTS FOR LICENSURE AS A LICENSED 
        PSYCHOLOGIST.] To become licensed by the board as a licensed 
        psychologist, an applicant shall comply with the following 
        requirements: 
           (1) pass an examination in psychology; 
           (2) pass a professional responsibility examination on the 
        practice of psychology; 
           (3) pass any other examinations as required by board rules; 
           (4) pay nonrefundable fees to the board for applications, 
        processing, testing, renewals, and materials; 
           (5) have attained the age of majority, be of good moral 
        character, and have no unresolved disciplinary action or 
        complaints pending in the state of Minnesota or any other 
        jurisdiction; 
           (6) have a doctoral degree with a major in psychology from 
        a regionally accredited educational institution meeting the 
        standards the board has established by rule; and 
           (7) have completed at least two full years or the 
        equivalent of postdoctoral supervised psychological employment. 
           Subd. 3.  [MASTER'S LEVEL LICENSURE AS A LICENSED 
        PSYCHOLOGIST AFTER AUGUST 1, 1991.] (a) A person licensed in 
        this state as a licensed consulting psychologist or a licensed 
        psychologist before August 1, 1991, qualifies for licensure as a 
        licensed psychologist, as described in subdivision 2, at the 
        time of license renewal. 
           (b) Providing all other licensure requirements have been 
        satisfactorily met, the board shall grant licensure as a 
        licensed psychologist to a person who: 
           (1) before November 1, 1991, entered a graduate program at 
        a regionally accredited educational institution granting a 
        master's or doctoral degree with a major in psychology which 
        meets the standards the board has established by rule; 
           (2) before December 31, 1997, earned a master's degree or a 
        master's equivalent in a doctoral program at a regionally 
        accredited educational institution and complied with 
        requirements of subdivision 2, clauses (1) to (5), except that 
        the nonrefundable fees for licensure are payable at the time an 
        application for licensure is submitted; and 
           (3) before December 31, 1998, completed at least two full 
        years or the equivalent of post-master's supervised 
        psychological employment, which may include a predoctoral 
        internship. 
           (c) Notwithstanding paragraph (b), the board shall not 
        grant licensure as a licensed psychologist under this 
        subdivision unless the applicant demonstrates that the applicant 
        was a resident of Minnesota on October 31, 1992, and meets all 
        the requirements for licensure under this subdivision. 
           Subd. 4.  [CONVERTING FROM MASTER'S TO DOCTORAL LEVEL 
        LICENSURE.] To convert from licensure as a licensed psychologist 
        at the master's or master's equivalent level to licensure at the 
        doctoral level, a licensed psychologist shall have: 
           (1) completed an application provided by the board; 
           (2) had an official transcript documenting the conferral of 
        the doctoral degree sent directly from the educational 
        institution to the board; 
           (3) paid a nonrefundable fee; 
           (4) successfully completed two full years or the equivalent 
        of supervised psychological employment, which shall not include 
        a predoctoral internship, after earning a master's degree or a 
        master's equivalent in a doctoral program; 
           (5) successfully completed a predoctoral internship meeting 
        the standards the board has established by rule; and 
           (6) received a doctoral degree with a major in psychology 
        from a regionally accredited educational institution meeting the 
        standards the board has established by rule. 
           Sec. 11.  [148.908] [LICENSED PSYCHOLOGICAL PRACTITIONER.] 
           Subdivision 1.  [SCOPE OF PRACTICE.] A licensed 
        psychological practitioner shall practice only under supervision 
        that satisfies the requirements of section 148.925 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 licensed 
        psychological practitioner. 
           Subd. 2.  [REQUIREMENTS FOR LICENSURE AS A LICENSED 
        PSYCHOLOGICAL PRACTITIONER.] To become licensed by the board as 
        a licensed psychological practitioner, an applicant shall comply 
        with the following requirements: 
           (1) pass an examination in psychology; 
           (2) pass a professional responsibility examination on the 
        practice of psychology; 
           (3) pass any other examinations as required by board rules; 
           (4) pay nonrefundable fees to the board for applications, 
        processing, testing, renewals, and materials; 
           (5) attained the age of majority, be of good moral 
        character, and have no unresolved disciplinary action or 
        complaints pending in the state of Minnesota or any other 
        jurisdiction; and 
           (6) have received a doctoral or master's degree or the 
        equivalent of a master's degree in a doctoral program with a 
        major in psychology from a regionally accredited educational 
        institution meeting the standards the board has established by 
        rule. 
           Sec. 12.  Minnesota Statutes 1994, section 148.911, is 
        amended to read: 
           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. 
           Upon application for license renewal, a licensee shall 
        provide the board with satisfactory evidence that the licensee 
        has completed continuing education requirements established by 
        the board.  Continuing education programs shall 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 shall address.  
           Sec. 13.  [148.915] [RECIPROCITY.] 
           The board may grant a license to a diplomate of the 
        American Board of Professional Psychology or to any person who 
        at the time of application is licensed, certified, or registered 
        to practice psychology by a board of another state and who meets 
        the licensure requirements under section 148.907, subdivision 
        2.  The board, at its discretion, may elect not to require the 
        examination in psychology under section 148.907, subdivision 2, 
        clause (1), if the person was licensed in another state before 
        the examination was required for licensure in that state.  The 
        board, at its discretion, may grant a license as a licensed 
        psychologist to a person who at the time of application is 
        licensed, certified, or registered at the doctoral level for at 
        least 15 years to practice psychology in another jurisdiction, 
        and has had no disciplinary action taken against the license, 
        certificate, or registration during the person's entire period 
        of licensure, certification, or registration, but who has 
        completed fewer than two years of postdegree supervised 
        employment.  An applicant seeking licensure under this section 
        shall pass a professional responsibility examination on the 
        practice of psychology and any other examinations as required by 
        the board. 
           Sec. 14.  [148.916] [GUEST LICENSURE.] 
           Subdivision 1.  [GENERALLY.] If a nonresident of the state 
        of Minnesota, who is not seeking licensure in this state, and 
        who has been issued a license, certificate, or registration by 
        another jurisdiction to practice psychology at the doctoral 
        level, wishes to practice in Minnesota for more than seven 
        calendar days, the person shall apply to the board for guest 
        licensure, provided that the psychologist's practice in 
        Minnesota is limited to no more than 30 days per calendar year.  
        Application under this section shall be made no less than 30 
        days prior to the expected date of practice in Minnesota and 
        shall be subject to approval by the board or its designee.  The 
        board shall charge a nonrefundable fee for guest licensure.  The 
        board shall adopt rules to implement this section. 
           Subd. 2.  [PSYCHOLOGICAL CONSULTATIONS.] Notwithstanding 
        subdivision 1, a nonresident of the state of Minnesota, who is 
        not seeking licensure in this state, may serve as an expert 
        witness, presenter, or educator without obtaining guest 
        licensure, provided the person is appropriately trained, 
        educated, or has been issued a license, certificate, or 
        registration by another jurisdiction. 
           Subd. 3.  [DISASTER OR EMERGENCY RELIEF WORKERS.] The 
        requirements of subdivision 1 do not apply to psychologists sent 
        to this state for the sole purpose of responding to a disaster 
        or emergency relief effort of this state government, the federal 
        government, the American Red Cross, or other disaster or 
        emergency relief organization as long as the psychologist is not 
        practicing in Minnesota for longer than 30 days and the American 
        Red Cross, disaster or emergency relief organization, or 
        government can certify the psychologist's assignment in this 
        state.  The board or its designee, at its discretion, may grant 
        an extension to the 30-day time limitation of this subdivision. 
           Subd. 4.  [PROHIBITIONS AND SANCTIONS.] A person's 
        privilege to practice under this section is subject to the 
        prohibitions and sanctions for unprofessional or unethical 
        conduct contained in Minnesota laws and rules. 
           Sec. 15.  Minnesota Statutes 1994, section 148.925, is 
        amended to read: 
           148.925 [SUPERVISION.] 
           Subdivision 1.  [SUPERVISION.] For the purpose of meeting 
        the requirements of this section, supervision means documented 
        in-person consultation between either:  (1) a supervising 
        licensed psychologist and a licensed psychological practitioner; 
        or (2) a supervising licensed psychologist or a mental health 
        professional designated by the supervising licensed psychologist 
        and an applicant for licensure as a licensed psychologist.  The 
        supervision shall be adequate to assure the quality and 
        competence of the activities supervised.  Supervisory 
        consultation shall include discussions on the nature and content 
        of the practice of the supervisee, including, but not limited 
        to, a review of a representative sample of psychological 
        services in the supervisee's practice.  
           Subd. 2.  [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 professional oversight 
        by a licensed psychologist and satisfies the supervision 
        requirements in subdivision 5. 
           Subd. 3.  [PERSONS QUALIFIED TO PROVIDE SUPERVISION.] 
        (a) Only the following persons are qualified to provide 
        supervision for master's degree level applicants for licensure 
        as a licensed psychologist Supervision of a master's level 
        applicant for licensure as a licensed psychologist shall be 
        provided by a person: 
           (1) who is a licensed psychologist with a 
        competency competencies both in supervision in professional the 
        practice of psychology and in the area of practice activities 
        being supervised; and 
           (2) a person who either is eligible for licensure as a 
        licensed psychologist under section 148.91 or is eligible for 
        licensure by reciprocity, and who, in the judgment of the board, 
        is competent or experienced in supervising professional 
        psychology and in the area of practice being supervised. who has 
        a doctoral degree with a major in psychology, who is employed by 
        a regionally accredited educational institution or employed by a 
        federal, state, county, or local government institution, agency, 
        or research facility, and who has competencies both in 
        supervision in the practice of psychology and in the activities 
        being supervised, provided the supervision is being provided and 
        the activities being supervised occur within that regionally 
        accredited educational institution or federal, state, county, or 
        local government institution, agency, or research facility; or 
           (3) who is eligible for licensure as a licensed 
        psychologist by reciprocity with competencies both in 
        supervision in the practice of psychology and in the activities 
        being supervised.  
           (b) Professional Supervision of a doctoral level applicant 
        for licensure as a licensed psychologist must shall be provided 
        by a person: 
           (1) who meets the requirements of paragraph (a), clause (1) 
        or (2), and is a licensed psychologist with a doctoral degree 
        and with competencies both in supervision in the practice of 
        psychology and in the activities being supervised; 
           (2)(i) who has a doctorate degree with a major in 
        psychology, or 
           (ii) who has a doctoral degree with a major in psychology, 
        who is employed by a regionally accredited educational 
        institution or is employed by a federal, state, county, or local 
        government institution, agency, or research facility, and who 
        has competencies both in supervision in the practice of 
        psychology and in the activities being supervised, provided the 
        supervision is being provided and the activities being 
        supervised occur within that regionally accredited educational 
        institution or federal, state, county, or local government 
        institution, agency, or research facility; 
           (3) who is eligible for licensure by reciprocity with 
        competencies both in supervision in the practice of psychology 
        and in the activities being supervised; or 
           (4) who is a licensed psychologist who was licensed by the 
        board as a psychologist before August 1, 1991, and is certified 
        by the board as competent in with competencies both in 
        supervision of applicants for licensure in the practice of 
        psychology and in the activities being supervised. 
           Subd. 2. 4.  [SUPERVISORY CONSULTATION FOR A LICENSED 
        PSYCHOLOGICAL PRACTITIONER.] (a) Supervisory consultation 
        between a supervising licensed psychologist and a 
        supervised licensed psychological practitioner must shall be at 
        least one hour in duration and shall occur on a one-to-one an 
        individual, in-person basis at a ratio of at least.  A minimum 
        of one hour of supervision per month is required 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 per month is required.  However, 
        if When more than 20 hours of psychological services are 
        provided in a week, no time period more than one hour of 
        supervision beyond one hour is required 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) Subd. 5.  [SUPERVISORY CONSULTATION FOR AN APPLICANT 
        FOR LICENSURE AS A LICENSED PSYCHOLOGIST.] Supervision of an 
        applicant for licensure as a licensed psychologist must shall 
        include at least two hours of regularly scheduled face-to-face 
        in-person consultations a per week for full-time employment, one 
        hour of which must shall be with the supervisor on a one-to-one 
        an individual basis.  The remaining hour may be with other 
        master's or doctoral prepared mental health professionals 
        designated by the supervisor.  The board may approve an 
        exception to the weekly supervision requirement for a week when 
        the supervisor was ill or otherwise unable to provide 
        supervision.  The board may prorate the two hours per week of 
        supervision for persons preparing for licensure on a part-time 
        basis.  Supervised psychological employment does not qualify for 
        licensure when the supervisory consultation is not adequate as 
        described in subdivision 1, or in the board rules. 
           Subd. 6.  [SUPERVISEE DUTIES.] Persons preparing for 
        licensure as a licensed psychologist during their postdegree 
        supervised employment may perform as part of their training any 
        functions specified in section 148.89, but only under qualified 
        supervision. 
           Subd. 3. 7.  [WAIVER OF SUPERVISION REQUIREMENTS.] (a) An 
        applicant for licensure as a licensed psychologist who entered 
        supervised employment before August 1, 1991, may request a 
        waiver from the board of the supervision requirements in this 
        section in order to continue supervision under the board rules 
        in effect before August 1, 1991. 
           (b) The board shall grant a waiver from the supervision 
        requirements of subdivision 4 to a licensed psychological 
        practitioner who presents evidence of: 
           (1) completion of two full years or the equivalent of 
        supervised post-master's degree employment, meeting the 
        requirements of subdivision 5 as it relates to preparation for 
        licensure as a licensed psychologist; 
           (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 licensed psychological 
        practitioner; and 
           (5) a plan which is satisfactory to the board for 
        supervising the work of the licensed psychological practitioner. 
           (c) After December 31, 1993, the supervision requirements 
        must be deemed waived for a person who previously received a 
        waiver under paragraph (b) 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.  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. 16.  Minnesota Statutes 1994, section 148.941, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 
        DISCIPLINARY ACTION.] (a) The board may impose disciplinary 
        action as described in paragraph (b) against an applicant or 
        licensee whom the board, by a preponderance of the evidence, 
        determines:  
           (1) has violated a statute, rule, or order that the board 
        issued or is empowered to enforce; 
           (2) has engaged in fraudulent, deceptive, or dishonest 
        conduct, whether or not the conduct relates to the practice of 
        psychology, that adversely affects the person's ability or 
        fitness to practice psychology; 
           (3) has engaged in unprofessional conduct or any other 
        conduct which has the potential for causing harm to the public, 
        including any departure from or failure to conform to the 
        minimum standards of acceptable and prevailing practice without 
        actual injury having to be established; 
           (4) has been convicted of or has pled guilty or nolo 
        contendere to a felony or other crime, an element of which is 
        dishonesty or fraud, or has been shown to have engaged in acts 
        or practices tending to show that the applicant or licensee is 
        incompetent or has engaged in conduct reflecting adversely on 
        the applicant's or licensee's ability or fitness to engage in 
        the practice of psychology; 
           (5) has employed fraud or deception in obtaining or 
        renewing a license, or in passing the an examination; 
           (6) has had a psychology license, certificate, right 
        registration, privilege to examine take an examination, or other 
        similar authority denied, revoked, suspended, canceled, limited, 
        or not renewed for cause in any state, commonwealth, or 
        territory of the United States, the District of Columbia, or any 
        foreign country jurisdiction; 
           (7) has failed to meet any requirement for the issuance or 
        renewal of the person's license.  The burden of proof is on the 
        applicant or licensee to demonstrate the qualifications or 
        satisfy the requirements for a license under the psychology 
        practice act; 
           (8) has failed to cooperate with an investigation of the 
        board as required under subdivision 4; or 
           (9) has violated the code of ethics adopted by the board.  
        For the purposes of clause (7), the burden of proof is on the 
        applicant to demonstrate the qualifications or satisfy the 
        requirements for a license under sections 148.88 to 148.98. 
           has demonstrated an inability to practice psychology with 
        reasonable skill and safety to clients due to any mental or 
        physical illness or condition; or 
           (10) has engaged in fee splitting.  This clause does not 
        apply to the distribution of revenues from a partnership, group 
        practice, nonprofit corporation, or professional corporation to 
        its partners, shareholders, members, or employees if the 
        revenues consist only of fees for services performed by the 
        licensee or under a licensee's administrative authority.  Fee 
        splitting includes, but is not limited to: 
           (i) paying, offering to pay, receiving, or agreeing to 
        receive a commission, rebate, or remuneration, directly or 
        indirectly, primarily for the referral of clients; 
           (ii) dividing fees with another person or a professional 
        corporation, unless the division is in proportion to the 
        services provided and the responsibility assumed by each 
        professional; 
           (iii) referring a client to any health care provider as 
        defined in section 144.335 in which the referring licensee has a 
        significant financial interest unless the licensee has disclosed 
        in advance to the client the licensee's own financial interest; 
        and 
           (iv) dispensing for profit any instrument, test, procedure, 
        or device, unless the licensee has disclosed in advance to the 
        client the licensee's own profit interest.  
           (b) If grounds for disciplinary action exist under 
        paragraph (a), the board may take one or more of the following 
        actions: 
           (1) refuse to grant or renew a license; 
           (2) revoke a license; 
           (3) suspend a license; 
           (4) impose limitations or conditions on a licensee's 
        practice of psychology, including, but not limited to, limiting 
        the scope of practice to designated competencies, imposing 
        retraining or rehabilitation requirements, requiring the 
        licensee to practice under supervision, or conditioning 
        continued practice on the demonstration of knowledge or skill by 
        appropriate examination or other review of skill and competence; 
           (5) censure or reprimand the licensee; or 
           (6) refuse to permit an applicant to take the licensure 
        examination or refuse to release an applicant's examination 
        grade if the board finds that it is in the public interest.; or 
           (7) impose a civil penalty not exceeding $5,000 for each 
        separate violation.  The amount of the penalty shall be fixed so 
        as to deprive the applicant or licensee of any economic 
        advantage gained by reason of the violation charged, or to 
        discourage repeated violations.  
           (c) In lieu of or in addition to paragraph (b), the board 
        may require, as a condition of continued licensure, termination 
        of suspension, reinstatement of license, examination, or release 
        of examination grades, that the applicant or licensee: 
           (1) submit to a quality review, as specified by the board, 
        of the applicant's or licensee's ability, skills, or quality of 
        work; and 
           (2) complete to the satisfaction of the board educational 
        courses specified by the board. 
           (d) Service of the order is effective if the order is 
        served on the applicant, licensee, or counsel of record 
        personally or by mail to the most recent address provided to the 
        board for the licensee, applicant, or counsel of record.  The 
        order shall state the reasons for the entry of the order. 
           Sec. 17.  Minnesota Statutes 1994, section 148.941, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COOPERATION OF APPLICANT APPLICANTS OR LICENSEE 
        FOR LICENSEES WITH INVESTIGATIONS.] (a) An applicant or licensee 
        of the board who is the subject of an investigation or who is 
        questioned in connection with an investigation by or on behalf 
        of the 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, executing all releases requested 
        by the board, providing copies of client records, as reasonably 
        requested by the board to assist it in its investigation, and 
        appearing at conferences or hearings scheduled by the board or 
        its staff.  The board shall pay reasonable costs for copies 
        requested. 
           (b) If the board does not have a written consent from a 
        client permitting access to the client's records, the licensee 
        may delete any data in the record which identifies identify 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. 18.  Minnesota Statutes 1994, section 148.941, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [EVIDENCE OF PAST SEXUAL CONDUCT.] In a 
        proceeding for the suspension or revocation of a license or 
        other disciplinary action for unethical or unprofessional 
        conduct 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 client, unless the 
        evidence would be admissible under applicable provisions of 
        section 609.347, subdivision 3. 
           Sec. 19.  Minnesota Statutes 1994, section 148.941, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [VIOLATION.] Persons who engage in the unlicensed 
        practice of psychology or who misrepresent themselves as 
        psychologists or psychological practitioners are guilty of a 
        misdemeanor. 
           Sec. 20.  Minnesota Statutes 1994, section 148.96, is 
        amended to read: 
           148.96 [PRESENTATION TO PUBLIC.] 
           Subdivision 1.  [REQUIREMENTS FOR ADVERTISING PROFESSIONAL 
        IDENTIFICATION.] All psychologists and psychological 
        practitioners licensees, when representing themselves to the 
        public through in activities relating to the practice of 
        psychology, including in written materials or advertising, must 
        use their shall identify the academic degree upon which their 
        licensure is based, as well as their license status in the 
        advertising or written materials level of licensure. 
           Subd. 2.  [DISCLOSURE OF EDUCATION.] At the initial 
        meeting, a psychologist licensee shall display or make available 
        to each new client accurate information about the qualifications 
        and competencies of the psychologist licensee, in accordance 
        with regulations of the board. 
           Subd. 3.  [REQUIREMENTS FOR REPRESENTATIONS TO THE PUBLIC.] 
        Individuals (a) Unless licensed under sections 148.88 to 148.98, 
        except as provided in paragraphs (b) through (d), persons 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) by: 
           (1) using any title or description of services 
        incorporating the words "psychology," "psychological," or 
        "psychologist;" or 
           (2) representing that the person has expert qualifications 
        in an area of psychology. 
           (a) (b) Psychologically trained individuals who are 
        employed by an educational institution recognized by a regional 
        accrediting organization, by a federal, state, county, or local 
        government institution, agencies, or research facilities, may 
        represent themselves by the title designated by that 
        organization. 
           (b) (c) A psychologically trained individual from an 
        institution described in paragraph (a) (b) may offer lecture 
        services and be is exempt from the provisions of this section. 
           (c) (d) A person who is preparing for the profession 
        practice of psychologist psychology under qualified supervision 
        in recognized training institutions or facilities in accordance 
        with board statutes and rules may be designated as a 
        "psychological intern," "psychological trainee," or by other 
        terms clearly describing the person's training status.  
           (d) (e) Nothing in this section shall be construed to 
        prohibit the practice of school psychology by a person licensed 
        in accordance with chapter 125. 
           Subd. 4.  [PERSONS OR TECHNIQUES NOT REGULATED BY THIS 
        BOARD.] (a) Nothing in sections 148.88 to 148.98 shall be 
        construed to limit the occupational pursuits consistent with 
        their training and codes of ethics of professionals such as 
        teachers in recognized public and private schools, members of 
        the clergy, physicians, social workers, school psychologists, 
        alcohol or drug counselors, optometrists, or attorneys.  
        However, in such performance any title used shall be in 
        accordance with section 148.96. 
           (b) Use of psychological techniques by business and 
        industrial organizations for their own personnel purposes or by 
        employment agencies or state vocational rehabilitation agencies 
        for the evaluation of their own clients prior to recommendation 
        for employment is also specifically allowed.  However, no 
        representative of an industrial or business firm or corporation 
        may sell, offer, or provide any psychological services as 
        specified in section 148.89 unless such services are performed 
        or supervised by individuals licensed under sections 148.88 to 
        148.98. 
           Subd. 5.  [OTHER PROFESSIONS NOT AUTHORIZED.] Nothing in 
        sections 148.88 to 148.98 shall be construed to authorize a 
        person licensed under sections 148.88 to 148.98 to engage in the 
        practice of any profession regulated under Minnesota law unless 
        the person is duly licensed or registered in that profession. 
           Sec. 21.  Minnesota Statutes 1994, section 148.975, is 
        amended to read: 
           148.975 [DUTY TO WARN; LIMITATION ON LIABILITY; VIOLENT 
        BEHAVIOR OF PATIENT.] 
           Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
        subdivision apply to this section and section 148.976. 
           (b) "Other person" means an immediate family member or 
        someone who personally knows the patient client and has reason 
        to believe the patient client is capable of and will carry out 
        the serious, specific threat of harm to a specific, clearly 
        identified or identifiable victim. 
           (c) "Practitioner" means a psychologist, school 
        psychologist, nurse, chemical dependency counselor, or social 
        worker who is licensed by the state or who performs 
        psychotherapy within a program or facility licensed by the state 
        or established pursuant to rules adopted under section 245.69, 
        subdivision 2. 
           (d) "Psychotherapy" means the professional treatment, 
        assessment, or counseling of a mental or emotional illness, 
        symptom, or condition. 
           (e) "Reasonable efforts" means communicating the serious, 
        specific threat to the potential victim and if unable to make 
        contact with the potential victim, communicating the serious, 
        specific threat to the law enforcement agency closest to the 
        potential victim or the patient client. 
           Subd. 2.  [LIABILITY STANDARD.] No monetary liability and 
        no cause of action may arise against a practitioner for failure 
        to predict, warn of, or take reasonable precautions to provide 
        protection from, a patient's violent behavior, unless the 
        patient or other person has communicated to the practitioner a 
        specific, serious threat of physical violence against a 
        specific, clearly identified or identifiable potential victim. 
           Subd. 3.  [DUTY TO WARN.] The duty to predict, warn of, or 
        take reasonable precautions to provide protection from, violent 
        behavior arises only under the limited circumstances specified 
        in subdivision 2 when a client or other person has communicated 
        to the licensee a specific, serious threat of physical violence 
        against a specific, clearly identified or identifiable potential 
        victim.  If a duty to warn arises, the duty is discharged by the 
        practitioner licensee if reasonable efforts, as defined in 
        subdivision 1, paragraph (c), are made to communicate the threat 
        to the potential victim. 
           Subd. 3.  [LIABILITY STANDARD.] If no duty to warn exists 
        under subdivision 2, then no monetary liability and no cause of 
        action may arise against a licensee for failure to predict, warn 
        of, or take reasonable precautions to provide protection from, a 
        client's violent behavior. 
           Subd. 4.  [DISCLOSURE OF CONFIDENCES.] No monetary 
        liability and no cause of action, or disciplinary action by the 
        state board of psychology or board of nursing may arise against 
        a practitioner for disclosing confidences to third parties in a 
        good-faith effort to discharge a duty arising under this 
        section.  Good faith compliance with the duty to warn shall not 
        constitute a breach of confidence and shall not result in 
        monetary liability or a cause of action against the licensee. 
           Subd. 5.  [CONTINUITY OF CARE.] Nothing in subdivision 3 2 
        shall be construed to authorize a practitioner licensee to 
        terminate treatment of a patient client as a direct result of 
        a patient's client's violent behavior or threat of physical 
        violence unless the patient client is referred to another 
        practitioner or appropriate health care facility. 
           Subd. 6.  [EXCEPTION.] This section does not apply to a 
        threat to commit suicide or other threats by a patient client to 
        harm the patient client, or to a threat by a patient client who 
        is adjudicated mentally ill and dangerous under chapter 253B. 
           Subd. 7.  [OPTIONAL DISCLOSURE.] Nothing in section 148.975 
        shall be construed to prohibit a licensee from disclosing 
        confidences to third parties in a good-faith effort to warn 
        against or take precautions against a client's violent behavior 
        or threat to commit suicide for which a duty to warn does not 
        arise. 
           Subd. 8.  [LIMITATION ON LIABILITY.] No monetary liability 
        and no cause of action, or disciplinary action by the board may 
        arise against a licensee for disclosure of confidences to third 
        parties, for failure to disclose confidences to third parties, 
        or for erroneous disclosure of confidences to third parties in a 
        good-faith effort to warn against or take precautions against a 
        client's violent behavior or threat of suicide for which a duty 
        to warn does not arise. 
           Sec. 22.  Minnesota Statutes 1994, section 148.98, is 
        amended to read: 
           148.98 [CODE OF ETHICS RULES OF CONDUCT.] 
           The board shall adopt a code of ethics rules of conduct to 
        govern an applicant's or licensee's practices or behavior.  The 
        board shall publish the code rules in the State Register and 
        file the code rules with the secretary of state at least 30 days 
        prior to the effective date of the code rules.  The code of 
        ethics rules of conduct shall include, but is not limited to, 
        the principles in paragraphs (a) to through (c).  
           (a) The psychologist Applicants or licensees shall 
        recognize the boundaries of the psychologist's their competence 
        and the limitation limitations of the psychologist's their 
        techniques and shall not offer services or use techniques that 
        fail to meet usual and customary professional standards. 
           (b) The psychologist An applicant or licensee who engages 
        in practice shall assist clients in obtaining professional help 
        for all important aspects of their the client's problems that 
        fall outside the boundaries of the psychologist's applicant's or 
        licensee's competence. 
           (c) A psychologist Applicants or licensees shall not claim 
        either directly or by implication professional qualifications 
        that differ from the psychologist's their actual qualifications, 
        nor shall the psychologist they misrepresent the psychologist's 
        affiliation their affiliations with any institution, 
        organization, or individual, nor lead others to assume an 
        affiliation affiliations that does do not exist. 
           Sec. 23.  Minnesota Statutes 1994, section 253B.02, 
        subdivision 11, is amended to read: 
           Subd. 11.  [LICENSED PSYCHOLOGIST.] "Licensed psychologist" 
        means a person as defined by section 148.91, subdivision 
        4 licensed by the board of psychology and possessing the 
        qualifications for licensure provided in section 148.907.  
           Sec. 24.  [REPEALER.] 
           Minnesota Statutes 1994, sections 148.89, subdivisions 6, 
        7, and 8; 148.91; 148.93; 148.951; and 148.97; and Minnesota 
        Statutes 1995 Supplement, section 148.921, are repealed. 
           Presented to the governor March 30, 1996 
           Signed by the governor April 2, 1996, 12:56 p.m.