Office of the Revisor of Statutes
Minnesota Session Laws - 2003, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 118-H.F.No. 692
An act relating to health occupations; modifying the
scope of practice for occupational therapists,
licensed professional counselors, alcohol and drug
counselors, unlicensed mental health practitioners,
and pharmacists; appropriating money; amending
Minnesota Statutes 2002, sections 116J.70, subdivision
2a; 148.6425, subdivision 3; 148A.01, subdivision 5;
148B.60, subdivision 3; 148C.01, by adding a
subdivision; 151.01, subdivision 27; 214.01,
subdivision 2; 214.04, subdivision 3; 214.10,
subdivision 9; 609.341, subdivision 17; proposing
coding for new law in Minnesota Statutes, chapter
148B; repealing Minnesota Statutes 2002, sections
148B.60; 148B.61; 148B.63; 148B.64; 148B.65; 148B.66;
148B.67; 148B.68; 148B.69; 148B.70; 148B.71; 148C.01,
subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 116J.70,
subdivision 2a, is amended to read:
Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or
"license" does not include the following:
(1) any occupational license or registration issued by a
licensing board listed in section 214.01 or any occupational
registration issued by the commissioner of health pursuant to
section 214.13;
(2) any license issued by a county, home rule charter city,
statutory city, township, or other political subdivision;
(3) any license required to practice the following
occupation regulated by the following sections:
(i) abstracters regulated pursuant to chapter 386;
(ii) accountants regulated pursuant to chapter 326A;
(iii) adjusters regulated pursuant to chapter 72B;
(iv) architects regulated pursuant to chapter 326;
(v) assessors regulated pursuant to chapter 270;
(vi) athletic trainers regulated pursuant to chapter 148;
(vii) attorneys regulated pursuant to chapter 481;
(viii) auctioneers regulated pursuant to chapter 330;
(ix) barbers regulated pursuant to chapter 154;
(x) beauticians regulated pursuant to chapter 155A;
(xi) boiler operators regulated pursuant to chapter 183;
(xii) chiropractors regulated pursuant to chapter 148;
(xiii) collection agencies regulated pursuant to chapter
332;
(xiv) cosmetologists regulated pursuant to chapter 155A;
(xv) dentists, registered dental assistants, and dental
hygienists regulated pursuant to chapter 150A;
(xvi) detectives regulated pursuant to chapter 326;
(xvii) electricians regulated pursuant to chapter 326;
(xviii) mortuary science practitioners regulated pursuant
to chapter 149A;
(xix) engineers regulated pursuant to chapter 326;
(xx) insurance brokers and salespersons regulated pursuant
to chapter 60A;
(xxi) certified interior designers regulated pursuant to
chapter 326;
(xxii) midwives regulated pursuant to chapter 147D;
(xxiii) nursing home administrators regulated pursuant to
chapter 144A;
(xxiv) optometrists regulated pursuant to chapter 148;
(xxv) osteopathic physicians regulated pursuant to chapter
147;
(xxvi) pharmacists regulated pursuant to chapter 151;
(xxvii) physical therapists regulated pursuant to chapter
148;
(xxviii) physician assistants regulated pursuant to chapter
147A;
(xxix) physicians and surgeons regulated pursuant to
chapter 147;
(xxx) plumbers regulated pursuant to chapter 326;
(xxxi) podiatrists regulated pursuant to chapter 153;
(xxxii) practical nurses regulated pursuant to chapter 148;
(xxxiii) professional fund raisers regulated pursuant to
chapter 309;
(xxxiv) psychologists regulated pursuant to chapter 148;
(xxxv) real estate brokers, salespersons, and others
regulated pursuant to chapters 82 and 83;
(xxxvi) registered nurses regulated pursuant to chapter
148;
(xxxvii) securities brokers, dealers, agents, and
investment advisers regulated pursuant to chapter 80A;
(xxxviii) steamfitters regulated pursuant to chapter 326;
(xxxix) teachers and supervisory and support personnel
regulated pursuant to chapter 125;
(xl) veterinarians regulated pursuant to chapter 156;
(xli) water conditioning contractors and installers
regulated pursuant to chapter 326;
(xlii) water well contractors regulated pursuant to chapter
103I;
(xliii) water and waste treatment operators regulated
pursuant to chapter 115;
(xliv) motor carriers regulated pursuant to chapter 221;
(xlv) professional firms regulated under chapter 319B;
(xlvi) real estate appraisers regulated pursuant to chapter
82B;
(xlvii) residential building contractors, residential
remodelers, residential roofers, manufactured home installers,
and specialty contractors regulated pursuant to chapter 326;
(xlviii) licensed professional counselors regulated
pursuant to chapter 148B;
(4) any driver's license required pursuant to chapter 171;
(5) any aircraft license required pursuant to chapter 360;
(6) any watercraft license required pursuant to chapter
86B;
(7) any license, permit, registration, certification, or
other approval pertaining to a regulatory or management program
related to the protection, conservation, or use of or
interference with the resources of land, air, or water, which is
required to be obtained from a state agency or instrumentality;
and
(8) any pollution control rule or standard established by
the pollution control agency or any health rule or standard
established by the commissioner of health or any licensing rule
or standard established by the commissioner of human services.
Sec. 2. Minnesota Statutes 2002, section 148.6425,
subdivision 3, is amended to read:
Subd. 3. [LICENSURE RENEWAL FOUR YEARS OR MORE AFTER
LICENSURE EXPIRATION DATE.] (a) An individual who requests
licensure renewal four years or more after the licensure
expiration date must submit the following:
(1) a completed and signed application for licensure on
forms provided by the commissioner;
(2) the renewal fee and the late fee required under section
148.6445 if renewal application is based on paragraph (b),
clause (1), (2), or (3), or the renewal fee required under
section 148.6445 if renewal application is based on paragraph
(b), clause (4);
(3) proof of having met the continuing education
requirement for the most recently completed two-year continuing
education cycle; and
(4) at the time of the next licensure renewal, proof of
having met the continuing education requirement, which shall be
prorated based on the number of months licensed during the
biennial licensure period.
(b) In addition to the requirements in paragraph (a), the
applicant must submit proof of one of the following:
(1) verified documentation of successful completion of 160
hours of supervised practice approved by the commissioner as
described in paragraph (c);
(2) verified documentation of having achieved a qualifying
score on the credentialing examination for occupational
therapists or the credentialing examination for occupational
therapy assistants administered within the past year; or
(3) documentation of having completed a combination of
occupational therapy courses or an occupational therapy
refresher program that contains both a theoretical and clinical
component approved by the commissioner. Only courses completed
within one year preceding the date of the application or one
year after the date of the application qualify for approval; or
(4) evidence that the applicant holds a current and
unrestricted credential for the practice of occupational therapy
in another jurisdiction and that the applicant's credential from
that jurisdiction has been held in good standing during the
period of lapse.
(c) To participate in a supervised practice as described in
paragraph (b), clause (1), the applicant shall obtain limited
licensure. To apply for limited licensure, the applicant shall
submit the completed limited licensure application, fees, and
agreement for supervision of an occupational therapist or
occupational therapy assistant practicing under limited
licensure signed by the supervising therapist and the
applicant. The supervising occupational therapist shall state
the proposed level of supervision on the supervision agreement
form provided by the commissioner. The supervising therapist
shall determine the frequency and manner of supervision based on
the condition of the patient or client, the complexity of the
procedure, and the proficiencies of the supervised occupational
therapist. At a minimum, a supervising occupational therapist
shall be on the premises at all times that the person practicing
under limited licensure is working; be in the room ten percent
of the hours worked each week by the person practicing under
limited licensure; and provide daily face-to-face collaboration
for the purpose of observing service competency of the
occupational therapist or occupational therapy assistant,
discussing treatment procedures and each client's response to
treatment, and reviewing and modifying, as necessary, each
treatment plan. The supervising therapist shall document the
supervision provided. The occupational therapist participating
in a supervised practice is responsible for obtaining the
supervision required under this paragraph and must comply with
the commissioner's requirements for supervision during the
entire 160 hours of supervised practice. The supervised
practice must be completed in two months and may be completed at
the applicant's place of work.
(d) In addition to the requirements in paragraphs (a) and
(b), the applicant must submit additional information as
requested by the commissioner to clarify information in the
application, including information to determine whether the
applicant has engaged in conduct warranting disciplinary action
as set forth in section 148.6448. The information must be
submitted within 30 days after the commissioner's request.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2002, section 148A.01,
subdivision 5, is amended to read:
Subd. 5. [PSYCHOTHERAPIST.] "Psychotherapist" means a
physician, psychologist, nurse, chemical dependency counselor,
social worker, member of the clergy, marriage and family
therapist, mental health service provider, licensed professional
counselor, or other person, whether or not licensed by the
state, who performs or purports to perform psychotherapy.
LICENSED PROFESSIONAL
COUNSELING
Sec. 4. [148B.50] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For the purposes of
sections 148B.50 to 148B.593, the following terms have the
meanings given.
Subd. 2. [APPROVED SUPERVISOR.] "Approved supervisor"
means a licensed professional counselor, licensed psychologist,
or other qualified supervisor as determined by the board, who
has four years of professional counseling experience and
documents to the board the completion of a training in
counseling supervision that included content and experiences
relevant to the supervision of professional counselors.
Subd. 3. [BOARD.] "Board" means the board of behavioral
health and therapy established by section 148B.51.
Subd. 4. [LICENSED PROFESSIONAL COUNSELING.] "Licensed
professional counseling" means the application of counseling,
human development, and mental health research, principles, and
procedures to maintain and enhance the mental health,
development, personal and interpersonal effectiveness, and
adjustment to work and life of individuals and families.
Subd. 5. [SCOPE OF PRACTICE.] (a) The scope of practice of
a licensed professional counselor includes, but is not limited
to:
(1) the implementation of professional counseling treatment
interventions including evaluation, treatment planning,
assessment, and referral;
(2) direct counseling services to individuals, groups, and
families;
(3) counseling strategies that effectively respond to
multicultural populations;
(4) knowledge of relevant laws and ethics impacting
practice;
(5) crisis intervention;
(6) consultation; and
(7) program evaluation and applied research.
(b) For the purposes of paragraph (a), clause (1),
"professional counseling treatment interventions" means the
application of cognitive, affective, behavioral, systemic, and
community counseling strategies which include principles of
human development, wellness, and pathology. Counselors provide
mental health services for clients whose symptoms significantly
interfere with daily functioning and would most likely not
improve in a reasonable time period without intervention.
(c) Licensed professional counseling does not include
activities or services undertaken by persons listed in section
148B.592, or the performance of any act that licensed
professional counselors are not educated and trained to perform.
(d) In order to evaluate and treat mental illness, a
licensed professional counselor must complete the postgraduate
training specified in section 245.462, subdivision 18, clause
(6), or 245.4871, subdivision 27, clause (6).
Sec. 5. [148B.51] [BOARD OF BEHAVIORAL HEALTH AND
THERAPY.]
The board of behavioral health and therapy consists of 13
members appointed by the governor. Five of the members shall be
professional counselors licensed or eligible for licensure under
sections 148B.50 to 148B.593. Five of the members shall be
alcohol and drug counselors licensed under chapter 148C. Three
of the members shall be public members as defined in section
214.02. The board shall annually elect from its membership a
chair and vice-chair. The board shall appoint and employ an
executive director who is not a member of the board. Chapter
214 applies to the board of behavioral health and therapy unless
superseded by sections 148B.50 to 148B.593.
Sec. 6. [148B.52] [DUTIES OF THE BOARD.]
(a) The board of behavioral health and therapy shall:
(1) establish by rule appropriate techniques, including
examinations and other methods, for determining whether
applicants and licensees are qualified under sections 148B.50 to
148B.593;
(2) establish by rule standards for professional conduct,
including adoption of a code of professional ethics and
requirements for continuing education and supervision;
(3) issue licenses to individuals qualified under sections
148B.50 to 148B.593;
(4) establish by rule standards for initial education
including coursework for licensure and content of professional
education;
(5) establish by rule procedures, including a standard
disciplinary process, to assess whether individuals licensed as
licensed professional counselors comply with the board's rules;
(6) establish, maintain, and publish annually a register of
current licensees and approved supervisors;
(7) establish initial and renewal application and
examination fees sufficient to cover operating expenses of the
board and its agents;
(8) educate the public about the existence and content of
the laws and rules for licensed professional counselors to
enable consumers to file complaints against licensees who may
have violated the rules;
(9) establish rules and regulations pertaining to treatment
for impaired practitioners; and
(10) periodically evaluate its rules in order to refine the
standards for licensing professional counselors and to improve
the methods used to enforce the board's standards.
(b) The board may appoint a professional discipline
committee for each occupational licensure regulated by the
board, and may appoint a board member as chair. The
professional discipline committee shall consist of five members
representative of the licensed occupation and shall provide
recommendations to the board with regard to rule techniques,
standards, procedures, and related issues specific to the
licensed occupation.
Sec. 7. [148B.53] [REQUIREMENTS FOR LICENSURE.]
Subdivision 1. [GENERAL REQUIREMENTS.] (a) To be licensed
as a licensed professional counselor (LPC), an applicant must
provide evidence satisfactory to the board that the applicant:
(1) is at least 18 years of age;
(2) is of good moral character;
(3) has completed a master's degree program in counseling
that includes a minimum of 48 semester hours and a supervised
field experience of not fewer than 700 hours that is counseling
in nature;
(4) has submitted to the board a plan for supervision
during the first 2,000 hours of professional practice;
(5) has demonstrated competence in professional counseling
by passing the National Counseling Exam (NCE) administered by
the National Board for Certified Counselors, Inc. (NBCC)
including obtaining a passing score on the examination accepted
by the board based on the determinations made by the NBCC and
oral and situational examinations if prescribed by the board;
(6) will conduct all professional activities as a licensed
professional counselor in accordance with standards for
professional conduct established by the rules of the board; and
(7) has declared to the board and agrees to continue to
declare areas of professional competencies through a statement
of professional disclosure, describing the intended use of the
license and the population to be served.
(b) The degree described in paragraph (a), clause (3), must
be from a counseling program recognized by the Council for
Accreditation of Counseling and Related Education Programs
(CACREP) or from an institution of higher education that is
accredited by a regional accrediting organization recognized by
the Council for Higher Education Accreditation (CHEA). Specific
academic course content and training must meet standards
established by the CACREP, including course work in the
following subject areas:
(1) the helping relationship, including counseling theory
and practice;
(2) human growth and development;
(3) lifestyle and career development;
(4) group dynamics, processes, counseling, and consulting;
(5) assessment and appraisal;
(6) social and cultural foundations, including
multicultural issues;
(7) principles of etiology, treatment planning, and
prevention of mental and emotional disorders and dysfunctional
behavior;
(8) family counseling and therapy;
(9) research and evaluation; and
(10) professional counseling orientation and ethics.
(c) To be licensed as a professional counselor, a
psychological practitioner licensed under section 148.908 need
only show evidence of licensure under that section and is not
required to comply with paragraph (a) or (b).
Subd. 2. [MINIMUM HOUR EFFECTIVE DATE.] The minimum
semester hour requirement imposed by subdivision 1, paragraph
(a), clause (3), is not effective until July 1, 2004. This
subdivision expires July 1, 2005.
Subd. 3. [FEE.] Each applicant shall pay a nonrefundable
fee set by the board.
Sec. 8. [148B.54] [LICENSE RENEWAL REQUIREMENTS.]
Subdivision 1. [RENEWAL.] Licensees shall renew licenses
at the time and in the manner established by the rules of the
board.
Subd. 2. [CONTINUING EDUCATION.] At the completion of the
first two years of licensure, a licensee must provide evidence
satisfactory to the board of completion of 12 additional
postgraduate semester credit hours in counseling as determined
by the board. Thereafter, at the time of renewal, each licensee
shall provide evidence satisfactory to the board that the
licensee has completed during each two-year period at least the
equivalent of 40 clock hours of professional postdegree
continuing education in programs approved by the board and
continues to be qualified to practice under sections 148B.50 to
148B.593.
Sec. 9. [148B.55] [LICENSES; TRANSITION PERIOD.]
For two years beginning July 1, 2003, the board shall issue
a license without examination to an applicant if the board
determines that the applicant satisfies the requirements in
section 148B.53, subdivision 1, if the applicant is a licensed
psychological practitioner, a licensed marriage and family
therapist, or a licensed alcohol and drug counselor, or is in
the process of being so licensed. An applicant licensed under
this section must also agree to conduct all professional
activities as a licensed professional counselor in accordance
with standards for professional conduct established by the board
by rule. This section expires July 1, 2005.
Sec. 10. [148B.56] [RECIPROCITY.]
The board may issue a license to an individual who holds a
current license or other credential from another jurisdiction if
the board finds that the requirements for that credential are
substantially similar to the requirements in sections 148B.50 to
148B.593.
Sec. 11. [148B.58] [NONTRANSFERABILITY OF LICENSES.]
A professional counseling license is not transferable.
Sec. 12. [148B.59] [GROUNDS FOR DISCIPLINARY ACTION; FORMS
OF DISCIPLINARY ACTION; RESTORATION OF LICENSE.]
(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
licensed professional counseling, that adversely affects the
person's ability or fitness to practice professional counseling;
(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 professional counseling;
(5) has employed fraud or deception in obtaining or
renewing a license, or in passing an examination;
(6) has had any counseling 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 licensed
professional counseling act;
(8) has failed to cooperate with an investigation of the
board;
(9) has demonstrated an inability to practice professional
counseling 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) 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; and
(ii) 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.
(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 professional counseling, 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 $10,000 for each
separate violation, the amount of the civil penalty to be fixed
so as to deprive the physical therapist of any economic
advantage gained by reason of the violation charged, to
discourage similar violations or to reimburse the board for the
cost of the investigation and proceeding, including, but not
limited to, fees paid for services provided by the office of
administrative hearings, legal and investigative services
provided by the office of the attorney general, court reporters,
witnesses, reproduction of records, board members' per diem
compensation, board staff time, and travel costs and expenses
incurred by board staff and board members.
(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. 13. [148B.591] [PROHIBITION AGAINST UNLICENSED
PRACTICE OR USE OF TITLES.]
Subdivision 1. [PRACTICE.] After the effective date of
rules adopted by the board, no individual may engage in the
practice of licensed professional counseling unless that
individual holds a valid license or is exempt from licensure
under section 148B.592.
Subd. 2. [USE OF TITLES.] After the board adopts rules, no
individual may be presented to the public by any title or
practice incorporating the words "licensed professional
counselor" or "LPC" unless that individual holds a valid license
issued under sections 148B.50 to 148B.593.
Sec. 14. [148B.592] [EXCEPTIONS TO LICENSE REQUIREMENT.]
Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections
148B.50 to 148B.593 prevents members of other professions or
occupations from performing functions for which they are
qualified or licensed. This exception includes, but is not
limited to, licensed physicians, registered nurses, licensed
practical nurses, licensed psychologists, probation officers,
attorneys, social workers, marriage and family therapists,
qualified rehabilitation consultants, natural family planning
practitioners certified by the American Academy of Natural
Family Planning, and registered occupational therapists or
certified occupational therapist assistants. These persons must
not, however, use a title incorporating the words "licensed
professional counselor" or otherwise hold themselves out to the
public by any title or description stating or implying that they
are licensed to engage in the practice of professional
counseling unless they are licensed under sections 148B.50 to
148B.593.
Subd. 2. [STUDENTS.] Nothing in sections 148B.50 to
148B.593 prevents a student, intern, or trainee enrolled in an
accredited program of professional counseling from engaging in
professional counseling as part of the supervised course of
study if the person is identified as a "counselor intern."
Subd. 3. [GOVERNMENT AGENCIES; EDUCATIONAL INSTITUTIONS.]
Nothing in sections 148B.50 to 148B.593 limits the activities
and services of, or use of, an official title by a person
employed as a counselor by a federal, state, county, or
municipal agency, or public or private educational institution
if the person is performing the activities within the scope of
the person's employment.
Subd. 4. [UNLICENSED PRACTITIONERS.] (a) Nothing in
sections 148B.50 to 148B.593 prohibits the provision of mental
health services by an unlicensed mental health practitioner as
defined in section 148B.60, subdivision 3. This paragraph
expires July 1, 2004.
(b) Nothing in this section limits the authority of
unlicensed complementary and alternative health care
practitioners to perform services under chapter 146A.
Subd. 5. [NONRESIDENTS.] A nonresident may engage in the
practice of professional counseling within the state without a
license for up to 30 days during any calendar year if the
nonresident is authorized to provide the services under the law
of the state or country of residence and the nonresident has
provided proof of credentials to the board, been found qualified
to render services in the state, and been granted permission by
the board to practice.
Subd. 6. [CLERGY.] Nothing in sections 148B.50 to 148B.593
limits the activities and services of a rabbi, priest, minister,
or clergyperson of any religious denomination or sect, provided
such activities and services are within the scope of the
performance of regular or specialized ministerial duties.
Subd. 7. [NONPROFIT ORGANIZATIONS AND CHARITIES.] Nothing
in sections 148B.50 to 148B.593 limits the activities, services,
and descriptions of persons offering volunteer or professional
services for public or private nonprofit organizations or
charities.
Sec. 15. [148B.593] [DISCLOSURE OF INFORMATION.]
(a) A person licensed under sections 148B.50 to 148B.593
may not disclose without written consent of the client any
communication made by the client to the licensee in the course
of the practice of professional counseling, nor may any employee
of the licensee reveal the information without the consent of
the employer or client except as provided under section 626.556
or 626.557.
(b) For purposes of sections 148B.50 to 148B.593, the
confidential relations and communications between the licensee
and a client are placed upon the same basis as those that exist
between a licensed psychologist and client. Nothing in sections
148B.50 to 148B.593 may be construed to require any
communications to be disclosed except by court order.
Sec. 16. Minnesota Statutes 2002, section 148B.60,
subdivision 3, is amended to read:
Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR
PRACTITIONER.] "Unlicensed mental health practitioner" or
"practitioner" means a person who provides or purports to
provide, for remuneration, mental health services as defined in
subdivision 4. It does not include persons licensed by the
board of medical practice under chapter 147 or registered by the
board of medical practice under chapter 147A; the board of
nursing under sections 148.171 to 148.285; the board of
psychology under sections 148.88 to 148.98; the board of social
work under sections 148B.18 to 148B.289; the board of marriage
and family therapy under sections 148B.29 to 148B.39; the board
of behavioral health and therapy under sections 148B.50 to
148B.593; or another licensing board if the person is practicing
within the scope of the license; members of the clergy who are
providing pastoral services in the context of performing and
fulfilling the salaried duties and obligations required of a
member of the clergy by a religious congregation; American
Indian medicine men and women; licensed attorneys; probation
officers; school counselors employed by a school district while
acting within the scope of employment as school counselors;
registered occupational therapists; or occupational therapy
assistants. For the purposes of complaint investigation or
disciplinary action relating to an individual practitioner, the
term includes:
(1) persons employed by a program licensed by the
commissioner of human services who are acting as mental health
practitioners within the scope of their employment;
(2) persons employed by a program licensed by the
commissioner of human services who are providing chemical
dependency counseling services; persons who are providing
chemical dependency counseling services in private practice; and
(3) clergy who are providing mental health services that
are equivalent to those defined in subdivision 4.
Sec. 17. Minnesota Statutes 2002, section 148C.01, is
amended by adding a subdivision to read:
Subd. 2e. [BOARD.] "Board" means the board of behavioral
health and therapy established by section 148B.51.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 18. Minnesota Statutes 2002, section 151.01,
subdivision 27, is amended to read:
Subd. 27. [PRACTICE OF PHARMACY.] "Practice of pharmacy"
means:
(1) interpretation and evaluation of prescription drug
orders;
(2) compounding, labeling, and dispensing drugs and devices
(except labeling by a manufacturer or packager of
nonprescription drugs or commercially packaged legend drugs and
devices);
(3) participation in clinical interpretations and
monitoring of drug therapy for assurance of safe and effective
use of drugs;
(4) participation in drug and therapeutic device selection;
drug administration for first dosage and medical emergencies;
drug regimen reviews; and drug or drug-related research;
(5) participation in administration of influenza and
pneumococcal vaccine to individuals over 18 years of age under
standing orders from a physician licensed under chapter 147 or
by written protocol with a physician provided that:
(i) the pharmacist is trained in a program approved by the
American Council of Pharmaceutical Education for the
administration of immunizations or graduated from a college of
pharmacy in 2001 or thereafter; and
(ii) the pharmacist reports the administration of the
immunization to the patient's primary physician or clinic;
(6) participation in the practice of managing drug therapy
and modifying drug therapy, according to section 151.21,
subdivision 1, on a case-by-case basis according to a written
protocol between the specific pharmacist and the individual
dentist, optometrist, physician, podiatrist, or veterinarian who
is responsible for the patient's care and authorized to
independently prescribe drugs. Any significant changes in drug
therapy must be reported by the pharmacist to the patient's
medical record;
(6) (7) participation in the storage of drugs and the
maintenance of records;
(7) (8) responsibility for participation in patient
counseling on therapeutic values, content, hazards, and uses of
drugs and devices; and
(8) (9) offering or performing those acts, services,
operations, or transactions necessary in the conduct, operation,
management, and control of a pharmacy.
Sec. 19. Minnesota Statutes 2002, section 214.01,
subdivision 2, is amended to read:
Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related
licensing board" means the board of examiners of nursing home
administrators established pursuant to section 144A.19, the
office of unlicensed complementary and alternative health care
practice established pursuant to section 146A.02, the board of
medical practice created pursuant to section 147.01, the board
of nursing created pursuant to section 148.181, the board of
chiropractic examiners established pursuant to section 148.02,
the board of optometry established pursuant to section 148.52,
the board of physical therapy established pursuant to section
148.67, the board of psychology established pursuant to section
148.90, the board of social work pursuant to section 148B.19,
the board of marriage and family therapy pursuant to section
148B.30, the office of mental health practice established
pursuant to section 148B.61, the board of behavioral health and
therapy established by section 148B.51, the alcohol and drug
counselors licensing advisory council established pursuant to
section 148C.02, the board of dietetics and nutrition practice
established under section 148.622, the board of dentistry
established pursuant to section 150A.02, the board of pharmacy
established pursuant to section 151.02, the board of podiatric
medicine established pursuant to section 153.02, and the board
of veterinary medicine, established pursuant to section 156.01.
Sec. 20. Minnesota Statutes 2002, section 214.04,
subdivision 3, is amended to read:
Subd. 3. [OFFICERS; STAFF.] The executive director of each
health-related board and the executive secretary of each
non-health-related board shall be the chief administrative
officer for the board but shall not be a member of the board.
The executive director or executive secretary shall maintain the
records of the board, account for all fees received by it,
supervise and direct employees servicing the board, and perform
other services as directed by the board. The executive
directors, executive secretaries, and other employees of the
following boards shall be hired by the board, and the executive
directors or executive secretaries shall be in the unclassified
civil service, except as provided in this subdivision:
(1) dentistry;
(2) medical practice;
(3) nursing;
(4) pharmacy;
(5) accountancy;
(6) architecture, engineering, land surveying, landscape
architecture, geoscience, and interior design;
(7) barber examiners;
(8) cosmetology;
(9) electricity;
(10) teaching;
(11) peace officer standards and training;
(12) social work;
(13) marriage and family therapy; and
(14) dietetics and nutrition practice; and
(15) licensed professional counseling.
The executive directors or executive secretaries serving
the boards are hired by those boards and are in the unclassified
civil service, except for part-time executive directors or
executive secretaries, who are not required to be in the
unclassified service. Boards not requiring full-time executive
directors or executive secretaries may employ them on a
part-time basis. To the extent practicable, the sharing of
part-time executive directors or executive secretaries by boards
being serviced by the same department is encouraged. Persons
providing services to those boards not listed in this
subdivision, except executive directors or executive secretaries
of the boards and employees of the attorney general, are
classified civil service employees of the department servicing
the board. To the extent practicable, the commissioner shall
ensure that staff services are shared by the boards being
serviced by the department. If necessary, a board may hire
part-time, temporary employees to administer and grade
examinations.
Sec. 21. Minnesota Statutes 2002, section 214.10,
subdivision 9, is amended to read:
Subd. 9. [ACTS AGAINST MINORS.] (a) As used in this
subdivision, the following terms have the meanings given them.
(1) "Licensed person" means a person who is licensed under
this chapter by the board of nursing, the board of psychology,
the social work licensing board, the board of marriage and
family therapy, the board of unlicensed mental health service
providers, the board of behavioral health and therapy, or the
board of teaching.
(2) "Crime against a minor" means conduct that constitutes
a violation of section 609.185, 609.19, 609.195, 609.20,
609.205, 609.21, 609.215, 609.221, 609.222, 609.223, 609.342,
609.343, 609.345, or a felony violation of section 609.377.
(b) In any license revocation proceeding, there is a
rebuttable presumption that a licensed person who is convicted
in a court of competent jurisdiction of committing a crime
against a minor is unfit to practice the profession or
occupation for which that person is licensed.
Sec. 22. Minnesota Statutes 2002, section 609.341,
subdivision 17, is amended to read:
Subd. 17. "Psychotherapist" means a person who is or
purports to be a physician, psychologist, nurse, chemical
dependency counselor, social worker, marriage and family
therapist, licensed professional counselor, or other mental
health service provider; or any other person, whether or not
licensed by the state, who performs or purports to perform
psychotherapy.
Sec. 23. [INITIAL BOARD.]
Notwithstanding Minnesota Statutes, section 148B.51,
members of the first board appointed under that section need not
be licensed, but must meet all qualifications, other than
payment of fees, to be eligible for licensure under Minnesota
Statutes, sections 148B.50 to 148B.593.
Sec. 24. [INTERAGENCY AGREEMENT.]
The board of behavioral health and therapy and the board of
psychology may enter into an interagency agreement for shared
administrative services.
Sec. 25. [RECOMMENDATIONS FOR MERGING THERAPY-RELATED
BOARDS.]
The boards of behavioral health and therapy and marriage
and family therapy shall develop recommendations on merging the
two boards into one inclusive board that would encompass the
regulatory authority for all behavioral therapy licensed
occupations. The recommendations shall include a timeline for
accomplishing the merger, the possibility of including other
occupational-related boards, and all necessary legislative
changes. These recommendations shall be submitted to the
legislature by January 15, 2004.
Sec. 26. [TRANSFER OF POWERS AND DUTIES.]
Effective July 1, 2005, the powers and duties of the
commissioner of health under Minnesota Statutes, chapter 148C,
are transferred to the board of behavioral health and therapy
created under Minnesota Statutes, section 148B.51, pursuant to
Minnesota Statutes, section 15.039.
Sec. 27. [APPROPRIATION.]
$175,000 in fiscal year 2004 and $145,000 in fiscal year
2005 are appropriated from the state government special revenue
fund to the board of behavioral health and therapy for the
purposes of Minnesota Statutes, sections 148B.50 to 148B.593, to
be available until July 1, 2005.
Sec. 28. [REVISOR INSTRUCTION.]
(a) The revisor of statutes shall insert the "board of
behavioral health and therapy" or "board" wherever "commissioner
of health" or "commissioner" appears in Minnesota Statutes,
chapter 148C, and Minnesota Rules, chapter 4747.
[EFFECTIVE DATE.] This paragraph is effective July 1, 2005.
(b) The revisor of statutes shall strike the terms
"unlicensed mental health practitioner" and "the office of
unlicensed mental health practitioner" from Minnesota Statutes
and Minnesota Rules.
[EFFECTIVE DATE.] This paragraph is effective July 1, 2004.
Sec. 29. [REPEALER.]
(a) Minnesota Statutes 2002, sections 148B.60; 148B.61;
148B.63; 148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69;
148B.70; and 148B.71, are repealed.
[EFFECTIVE DATE.] This paragraph is effective July 1, 2004.
(b) Minnesota Statutes 2002, section 148C.01, subdivision
6, is repealed.
[EFFECTIVE DATE.] This paragraph is effective July 1, 2005.
Sec. 30. [EFFECTIVE DATE.]
This act is effective July 1, 2003.
Presented to the governor May 23, 2003
Signed by the governor May 27, 2003, 6:03 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes