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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 109-S.F.No. 983 
                  An act relating to professions; modifying provisions 
                  relating to psychologists' licensing; amending 
                  Minnesota Statutes 1998, sections 148.89, subdivisions 
                  2a, 4, 5, and by adding a subdivision; 148.915; 
                  148.925, subdivision 7; 148.941, subdivisions 2 and 6; 
                  and 148.96, subdivision 3; proposing coding for new 
                  law in Minnesota Statutes, chapter 148. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 148.89, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [CLIENT.] "Client" means each person individual 
        or legal, religious, academic, organizational, business, 
        governmental, or other entity that receives, received, or should 
        have received, or arranged for another individual or entity to 
        receive services from a person an individual regulated under 
        sections 148.88 to 148.98.  Client also means an individual's 
        legally authorized representative, such as a parent or 
        guardian.  For the purposes of sections 148.88 to 148.98, 
        "client" may include patient, resident, counselee, evaluatee, 
        and, as limited in the rules of conduct, student, supervisee, or 
        research subject.  In the case of dual clients, the psychologist 
        licensee or applicant for licensure must be aware of the 
        responsibilities to each client, and of the potential for 
        divergent interests of each client. 
           Sec. 2.  Minnesota Statutes 1998, section 148.89, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LICENSEE.] "Licensee" means a person who is 
        licensed by the board as a licensed psychologist or as 
        a licensed psychological practitioner. 
           Sec. 3.  Minnesota Statutes 1998, section 148.89, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [PROVIDER.] "Provider" or "provider of services" 
        means any individual who is regulated by the board, and includes 
        a licensed psychologist, a licensed psychological practitioner, 
        a licensee, or an applicant. 
           Sec. 4.  Minnesota Statutes 1998, 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; 
           (iv) the psychological aspects of physical illness or 
        condition, accident, injury, or disability; 
           (v) bereavement issues; 
           (vi) family or relationship issues; and 
           (vii) work-related issues; and 
           (3) psychoeducational evaluation, therapy, remediation, and 
        consultation, and supervision.  
           Sec. 5.  Minnesota Statutes 1998, section 148.915, is 
        amended to read: 
           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. 6.  Minnesota Statutes 1998, section 148.925, 
        subdivision 7, is amended to read: 
           Subd. 7.  [VARIANCE FROM SUPERVISION REQUIREMENTS.] (a) An 
        applicant for licensure as a licensed psychologist who entered 
        supervised employment before August 1, 1991, may request a 
        variance from the board from the supervision requirements in 
        this section in order to continue supervision under the board 
        rules in effect before August 1, 1991. 
           (b) After a licensed psychological practitioner has 
        completed 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, the board shall grant a variance from the 
        supervision requirements of subdivision 4 to a or 5 if the 
        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) (1) endorsement for specific areas of competency by the 
        licensed psychologist who provided the two years of supervision; 
           (3) (2) 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) (3) the employer's acceptance of clinical 
        responsibility for the care provided by the licensed 
        psychological practitioner; and 
           (5) (4) a plan which is satisfactory to the board for 
        supervising the work of the licensed psychological practitioner. 
        for supervision that includes at least one hour of regularly 
        scheduled individual in-person consultations per week for 
        full-time employment.  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. 
           (c) Following the granting of a variance under paragraph 
        (b), and completion of two additional full years or the 
        equivalent of supervision and post-master's degree employment 
        meeting the requirements of paragraph (b), the board shall grant 
        a variance to a licensed psychological practitioner who presents 
        evidence of: 
           (1) endorsement for specific areas of competency by the 
        licensed psychologist who provided the two years of supervision 
        under paragraph (b); 
           (2) 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; 
           (3) the employer's acceptance of clinical responsibility 
        for the care provided by the licensed psychological 
        practitioner; and 
           (4) a plan for supervision which includes at least one hour 
        of regularly scheduled individual in-person supervision per 
        month.  
           (c) (d) After December 31, 1993, The variance allowed under 
        this section must be deemed to have been granted to an 
        individual who previously received a variance under paragraph 
        (b) or (c) and is seeking a new variance because of a change of 
        employment to a different employer or employment setting.  The 
        deemed variance continues until the board either grants or 
        denies the variance.  An individual who has been denied a 
        variance under this section is entitled to appeal the decision 
        using a contested case hearing.  The individual must request a 
        hearing within 30 days after service by regular mail that the 
        request for a variance has been denied.  A deemed variance under 
        this paragraph continues until the contested case proceeding has 
        been resolved seek reconsideration by the board. 
           Sec. 7.  Minnesota Statutes 1998, 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 an examination; 
           (6) has had a psychology license, certificate, 
        registration, privilege to take an examination, or other similar 
        authority denied, revoked, suspended, canceled, limited, or not 
        renewed for cause in any 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; 
           (9) 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.  This 
        clause also does not apply to the charging of a general 
        membership fee by a licensee or applicant to health care 
        providers, as defined in section 144.335, for participation in a 
        referral service, provided that the licensee or applicant 
        discloses in advance to each referred client the financial 
        nature of the referral arrangement.  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 client fees with another person or a 
        professional corporation individual or entity, unless the 
        division is in proportion to the services provided and the 
        responsibility assumed by each professional party; 
           (iii) referring a client an individual or entity to any 
        health care provider, as defined in section 144.335, or for 
        other professional or technical services in which the referring 
        licensee or applicant has a significant financial interest 
        unless the licensee has disclosed the financial interest in 
        advance to the client the licensee's own financial interest; and 
           (iv) dispensing for profit or recommending any instrument, 
        test, procedure, or device that for commercial purposes the 
        licensee or applicant has developed or distributed, unless the 
        licensee or applicant has disclosed any profit interest 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; 
           (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. 8.  Minnesota Statutes 1998, section 148.941, 
        subdivision 6, is amended 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 gross misdemeanor. 
           Sec. 9.  [148.952] [IMMUNITY.] 
           (a) Any person, health care facility, business, or 
        organization is immune from civil liability and criminal 
        prosecution for reporting in good faith to the board violations 
        or alleged violations of the Psychology Practice Act. 
           (b) Any person, health care facility, business, or 
        organization is immune from civil liability and criminal 
        prosecution for cooperating with the board in good faith in the 
        investigation of violations or alleged violations of the 
        Psychology Practice Act. 
           (c) Consultants, advisors, and experts retained by the 
        board for the investigation of alleged violations and for the 
        preparation, presentation, and provision of testimony pertaining 
        to allegations, charges, or violations of the Psychology 
        Practice Act are immune from civil liability and criminal 
        prosecution for any actions, transactions, or publications made 
        in good faith in the execution of, or relating to, their duties 
        on behalf of the board. 
           (d) Paragraphs (a) and (b) do not apply to a person whose 
        report pertains to the person's own conduct. 
           Sec. 10.  Minnesota Statutes 1998, section 148.96, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REQUIREMENTS FOR REPRESENTATIONS TO THE PUBLIC.] 
        (a) Unless licensed under sections 148.88 to 148.98, except as 
        provided in paragraphs (b) through (e), persons shall not 
        represent themselves or permit themselves to be represented to 
        the public by: 
           (1) using any title or description of services 
        incorporating the words "psychology," "psychological," 
        "psychological practitioner," or "psychologist"; or 
           (2) representing that the person has expert qualifications 
        in an area of psychology. 
           (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 by research facilities, may represent 
        themselves by the title designated by that organization provided 
        that the title does not indicate that the individual is 
        credentialed by the board. 
           (c) A psychologically trained individual from an 
        institution described in paragraph (b) may offer lecture 
        services and is exempt from the provisions of this section. 
           (d) A person who is preparing for the practice of 
        psychology under supervision 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.  
           (e) Former licensees who are completely retired from the 
        practice of psychology may represent themselves using the 
        descriptions in paragraph (a), clauses (1) and (2), but shall 
        not represent themselves or allow themselves to be represented 
        as current licensees of the board. 
           (f) Nothing in this section shall be construed to prohibit 
        the practice of school psychology by a person licensed in 
        accordance with chapters 122A and 129. 
           Presented to the governor April 26, 1999 
           Signed by the governor April 27, 1999, 11:20 a.m.