Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes