Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 134-S.F.No. 1000 
                  An act relating to professions; modifying certain 
                  board of psychology requirements relating to education 
                  and supervision; amending Minnesota Statutes 1996, 
                  sections 148.907, subdivisions 2 and 4; 148.908, 
                  subdivision 2; and 148.925, subdivision 7. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 148.907, 
        subdivision 2, is amended to read: 
           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 earned 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. 
           Sec. 2.  Minnesota Statutes 1996, section 148.907, 
        subdivision 4, is amended to read: 
           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 earned a doctoral degree with a major in 
        psychology from a regionally accredited educational institution 
        meeting the standards the board has established by rule. 
           Sec. 3.  Minnesota Statutes 1996, section 148.908, 
        subdivision 2, is amended to read: 
           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) 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; and 
           (6) have received earned 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. 4.  Minnesota Statutes 1996, section 148.925, 
        subdivision 7, is amended to read: 
           Subd. 7.  [WAIVER OF VARIANCE FROM SUPERVISION 
        REQUIREMENTS.] (a) An applicant for licensure as a licensed 
        psychologist who entered supervised employment before August 1, 
        1991, may request a waiver variance from the board of from 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 variance 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 variance allowed under this 
        section must be deemed to have been granted to an individual who 
        previously received a waiver variance under paragraph (b) and is 
        seeking a new waiver variance because of a change of employment 
        to a different employer or employment setting.  The 
        deemed waiver variance continues until the board either grants 
        or denies the waiver variance.  A person An individual who has 
        been denied a waiver variance under this section is entitled to 
        appeal the decision using a contested case hearing.  The person 
        individual must request a hearing within 30 days after receiving 
        notice from the board service by regular mail that the request 
        for a waiver variance has been denied.  A deemed waiver variance 
        under this paragraph continues until the appeal contested case 
        proceeding has been resolved. 
           Sec. 5.  [REVISOR'S INSTRUCTION.] 
           The revisor shall change the headnote to section 148.941 so 
        that it reads:  "DISCIPLINARY ACTION; INVESTIGATION; PENALTY FOR 
        VIOLATION." 
           Presented to the governor May 9, 1997 
           Signed by the governor May 12, 1997, 11:00 a.m.