Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
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.
Official Publication of the State of Minnesota
Revisor of Statutes