Minnesota Session Laws - 2001, Regular Session

                             CHAPTER 10-S.F.No. 289 
                  An act relating to occupations and professions; 
                  modifying licensing requirements for alcohol and drug 
                  counselors; amending Minnesota Statutes 2000, sections 
                  148C.04, subdivisions 3, 4, and 6; and 148C.10, 
                  subdivision 1a. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 148C.04, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LICENSING REQUIREMENTS FOR THE FIRST FIVE 
        YEARS.] For five years after the effective date of the rules 
        authorized in section 148C.03, the applicant, unless qualified 
        under section 148C.06 during the 25-month period authorized 
        therein, under section 148C.07, or under subdivision 4, must 
        furnish evidence satisfactory to the commissioner that the 
        applicant has met all the requirements in clauses (1) to (3). 
        The applicant must have: 
           (1) received an associate degree, or an equivalent number 
        of credit hours, and a certificate in alcohol and drug 
        counseling including 270 clock hours of alcohol and drug 
        counseling classroom education from an accredited school or 
        educational program and 880 clock hours of supervised alcohol 
        and drug counseling practicum; 
           (2) completed a written case presentation and 
        satisfactorily passed an oral examination that demonstrates 
        competence in the core functions; and 
           (3) satisfactorily passed a written examination as 
        established by the commissioner. 
           Sec. 2.  Minnesota Statutes 2000, section 148C.04, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LICENSING REQUIREMENTS AFTER FIVE YEARS.] 
        Beginning five years after the effective date of the rules 
        authorized in section 148C.03, subdivision 1, an applicant for 
        licensure must submit evidence to the commissioner that the 
        applicant has met one of the following requirements: 
           (1) the applicant must have: 
           (i) received a bachelor's degree from an accredited school 
        or educational program, including 480 clock hours of alcohol and 
        drug counseling education from an accredited school or 
        educational program and 880 clock hours of supervised alcohol 
        and drug counseling practicum; 
           (ii) completed a written case presentation and 
        satisfactorily passed an oral examination that demonstrates 
        competence in the core functions; and 
           (iii) satisfactorily passed a written examination as 
        established by the commissioner; or 
           (2) the applicant must meet the requirements of section 
        148C.07. 
           Sec. 3.  Minnesota Statutes 2000, section 148C.04, 
        subdivision 6, is amended to read: 
           Subd. 6.  [TEMPORARY PRACTICE REQUIREMENTS.] (a) A person 
        may temporarily practice alcohol and drug counseling prior to 
        being licensed under this chapter if the person: 
           (1) either: 
           (i) meets the associate degree education and practicum 
        requirements of subdivision 3, clause (1); or 
           (ii) meets the bachelor's degree education and practicum 
        requirements of subdivision 4, clause (1), item (i); or 
           (iii) submits verification of a current and unrestricted 
        credential for the practice of alcohol and drug counseling from 
        a national certification body or a certification or licensing 
        body from another state, United States territory, or federally 
        recognized tribal authority; 
           (2) within 60 days of meeting the requirements of 
        subdivision 3, clause (1), or subdivision 4, clause (1), item 
        (i), requests, in writing, temporary practice status with the 
        commissioner on an application form according to section 
        148C.0351, which includes the nonrefundable license fee and an 
        affirmation by the person's supervisor, as defined in paragraph 
        (b), clause (1), and which is signed and dated by the person and 
        the person's supervisor; 
           (3) has not been disqualified to practice temporarily on 
        the basis of a background investigation under section 148C.09, 
        subdivision 1a; and 
           (4) has been notified in writing by the commissioner that 
        the person is qualified to practice under this subdivision. 
           (b) A person practicing under this subdivision: 
           (1) may practice only in a program licensed by the 
        department of human services and under the direct, on-site 
        supervision of a person who is licensed under this chapter and 
        employed in that licensed program; 
           (2) is subject to the rules of professional conduct set by 
        rule; and 
           (3) is not subject to the continuing education requirements 
        of section 148C.05; and 
           (4) must be licensed according to this chapter within 12 
        months of meeting the requirements of subdivision 3, clause (1), 
        or subdivision 4, clause (1), item (i). 
           (c) Upon written request, the commissioner may extend a 
        person's temporary status if the person practices in a program 
        described in section 148C.11, subdivision 3, paragraph (b), 
        clause (2). 
           (d) A person practicing under this subdivision may not use 
        with the public any title or description stating or implying 
        that the person is licensed to engage in the practice of alcohol 
        and drug counseling. 
           (d) The temporary status of a person applying for temporary 
        practice under this subdivision expires on the date the 
        commissioner grants or denies licensing. 
           Sec. 4.  Minnesota Statutes 2000, section 148C.10, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [PRACTICE ALLOWED; CERTAIN INDIVIDUALS.] (a) 
        Notwithstanding subdivision 1, individuals may engage in alcohol 
        and drug counseling practice only until the commissioner issues 
        a license or denies the license application, whichever occurs 
        sooner, provided the individual:  
           (1) was employed as an alcohol and drug counselor before 
        January 28, 2000; 
           (2) is under the supervision of an alcohol and drug 
        counselor who is licensed under this chapter or employed in a 
        program licensed by the department of human services; 
           (3) has not applied and been rejected or denied a license 
        by the commissioner on any grounds under this chapter, other 
        than failure to satisfy examination requirements, or on the 
        basis of an investigation under chapter 148B; and 
           (4) either:  
           (i) made application to the commissioner for a license as 
        an alcohol and drug counselor before January 28, 2000; or 
           (ii) made application to the administrator of the exam or 
        exams required by the commissioner before January 28, 2000, 
        passes the examinations before January 28, 2001 July 1, 2002, 
        and within 60 90 calendar days of passing the examinations makes 
        application to the commissioner for a license under this chapter.
           (b) As used in this subdivision, supervision means 
        monitoring activities of and accepting legal liability for the 
        individual practicing without a license. 
           (c) Practice allowed under this subdivision creates no 
        rights or expectations of approval from the commissioner for 
        licensing as an alcohol and drug counselor.  The commissioner 
        may suspend or restrict practice under this subdivision as 
        authorized under section 148C.09. 
           Sec. 5.  [EFFECTIVE DATE.] 
           Sections 1 to 4 are effective the day following final 
        enactment. 
           Presented to the governor March 14, 2001 
           Signed by the governor March 16, 2001, 10:30 a.m.