Minnesota Session Laws - 2003, Regular Session

                            CHAPTER 122-S.F.No. 328 
                  An act relating to health; authorizing the board of 
                  psychology to require an independent examination of a 
                  practitioner; classifying such information; clarifying 
                  the definition of the practice of psychology; 
                  modifying provisions relating to supervised practice 
                  by a psychologist; providing for psychologist emeritus 
                  registration; appropriating money; amending Minnesota 
                  Statutes 2002, sections 13.383, subdivision 8; 148.89, 
                  subdivision 5; 148.925, subdivision 1; 148.941, by 
                  adding a subdivision; 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 2002, section 13.383, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PSYCHOLOGISTS AND PSYCHOLOGICAL PRACTITIONERS.] 
        Client records of a patient cared for by a psychologist or 
        psychological practitioner who is under review by the board of 
        psychology are classified under section 148.941, subdivision 4.  
        Data obtained by the board of psychology when requiring a 
        mental, physical, or chemical dependency examination or 
        evaluation of a regulated individual or when accessing the 
        medical records of a regulated individual are classified under 
        section 148.941, subdivision 8. 
           Sec. 2.  Minnesota Statutes 2002, section 148.89, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PRACTICE OF PSYCHOLOGY.] "Practice of 
        psychology" means the observation, description, evaluation, 
        interpretation, and or modification of human behavior by the 
        application of psychological principles, methods, and or 
        procedures, to prevent or, eliminate, or manage symptomatic, 
        maladaptive, or undesired behavior and to enhance interpersonal 
        relationships, work and, life and developmental 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, and 
        teaching of psychology, and the evaluation or assessment of 
        personal characteristics such as intelligence, personality, 
        abilities, interests, aptitudes, and neuropsychological 
        functioning; 
           (2) assessment, including psychological testing and other 
        means of evaluating personal characteristics such as 
        intelligence, personality, abilities, interests, aptitudes, and 
        neuropsychological functioning; 
           (3) a psychological report, whether written or oral, 
        including testimony of a provider as an expert witness, 
        concerning the characteristics of an individual or entity; 
           (4) psychotherapy, including but not limited to, categories 
        such as behavioral, cognitive, emotive, systems, 
        psychophysiological, or insight-oriented therapies; counseling,; 
        psychoanalysis, psychotherapy, hypnosis, biofeedback,; and 
        diagnosis and treatment of:  
           (i) mental and emotional disorder or disability; 
           (ii) alcoholism alcohol and substance dependence or abuse; 
           (iii) disorders of habit or conduct; 
           (iv) the psychological aspects of physical illness or 
        condition, accident, injury, or disability; 
           (v) life adjustment issues, including work-related and 
        bereavement issues; and 
           (vi) child, family, or relationship issues; and 
           (vii) work-related issues; and 
           (3) (5) psychoeducational evaluation, therapy, remediation, 
        consultation, and supervision services and treatment; and 
           (6) consultation and supervision. 
           Sec. 3.  [148.9105] [EMERITUS REGISTRATION.] 
           Subdivision 1.  [APPLICATION.] Retired providers who are 
        licensed or were formerly licensed to practice psychology in the 
        state according to the Minnesota Psychology Practice Act may 
        apply to the board for psychologist emeritus registration or 
        psychological practitioner emeritus registration if they declare 
        that they are retired from the practice of psychology in 
        Minnesota, have not been the subject of disciplinary action in 
        any jurisdiction, and have no unresolved complaints in any 
        jurisdiction.  Retired providers shall complete the necessary 
        forms provided by the board and pay a onetime, nonrefundable fee 
        of $150 at the time of application. 
           Subd. 2.  [STATUS OF REGISTRANT.] Emeritus registration is 
        not a license to provide psychological services as defined in 
        the Minnesota Psychology Practice Act.  The registrant shall not 
        engage in the practice of psychology. 
           Subd. 3.  [CHANGE TO ACTIVE STATUS.] Emeritus registrants 
        who request a change to active licensure status shall meet the 
        requirements for relicensure following termination in the 
        Minnesota Psychology Practice Act.  Master's level emeritus 
        registrants who request licensure at the doctoral level shall 
        comply with current licensure requirements. 
           Subd. 4.  [DOCUMENTATION OF STATUS.] A provider granted 
        emeritus registration shall receive a document certifying that 
        emeritus status has been granted by the board and that the 
        registrant has completed the registrant's active career as a 
        psychologist or psychological practitioner licensed in good 
        standing with the board. 
           Subd. 5.  [REPRESENTATION TO THE PUBLIC.] In addition to 
        the descriptions allowed in section 148.96, subdivision 3, 
        paragraph (e), former licensees who have been granted emeritus 
        registration may represent themselves as "psychologist emeritus" 
        or "psychological practitioner emeritus," but shall not 
        represent themselves or allow themselves to be represented to 
        the public as "licensed" or otherwise as current licensees of 
        the board. 
           Subd. 6.  [CONTINUING EDUCATION REQUIREMENTS.] The 
        continuing education requirements of the Minnesota Psychology 
        Practice Act do not apply to emeritus registrants. 
           Subd. 7.  [RENEWAL OR SPECIAL FEES.] An emeritus registrant 
        is not subject to license renewal or special fees. 
           Sec. 4.  Minnesota Statutes 2002, section 148.925, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SUPERVISION.] For the purpose of meeting 
        the requirements of this section, supervision means documented 
        in-person consultation, which may include interactive, visual 
        electronic communication, between either:  (1) a primary 
        supervisor and a licensed psychological practitioner; or (2) a 
        primary or designated supervisor and an applicant for licensure 
        as a licensed psychologist.  The supervision shall be adequate 
        to assure the quality and competence of the activities 
        supervised.  Supervisory consultation shall include discussions 
        on the nature and content of the practice of the supervisee, 
        including, but not limited to, a review of a representative 
        sample of psychological services in the supervisee's practice. 
           Sec. 5.  Minnesota Statutes 2002, section 148.941, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [MENTAL, PHYSICAL, OR CHEMICAL DEPENDENCY 
        EXAMINATION OR EVALUATION.] (a) If the board has probable cause 
        to believe that an individual who is regulated by the board has 
        demonstrated an inability to practice psychology with reasonable 
        skill and safety to clients due to any mental or physical 
        illness or condition, the board may direct the individual to 
        submit to an independent mental, physical, or chemical 
        dependency examination or evaluation.  For the purpose of this 
        subdivision, an individual regulated by the board is deemed to 
        have consented to submit to the examination or evaluation when 
        directed to do so by written notice by the board and to have 
        waived all objections to the admissibility of the examiner's or 
        evaluator's testimony or reports on the grounds that the same 
        constitutes a privileged communication.  Failure to submit to an 
        examination or evaluation without just cause, as determined by 
        the board, shall authorize the board to consider the allegations 
        as true for the purposes of further action by the board.  Such 
        action may include an application being denied, a license being 
        suspended, or a default and final order being entered without 
        the taking of testimony or presentation of evidence, other than 
        evidence that may be submitted by affidavit that explains why 
        the individual did not submit to the examination or evaluation. 
           (b) An individual regulated by the board who is affected 
        under this subdivision shall, at reasonable intervals, be given 
        an opportunity to demonstrate that the individual is fit to 
        resume the competent practice of psychology with reasonable 
        skill and safety to the public. 
           (c) In a proceeding under this subdivision, neither the 
        record of the proceedings nor the orders entered by the board is 
        admissible, is subject to subpoena, or may be used against the 
        individual regulated by the board in any proceeding not 
        commenced by the board. 
           (d) Information obtained under this subdivision is 
        classified as private under section 13.02, subdivision 12. 
           Sec. 6.  [APPROPRIATION.] 
           $1,000 is appropriated for each fiscal year of the biennium 
        ending June 30, 2005, from the state government special revenue 
        fund to the board of psychology for the purpose of administering 
        section 3. 
           Presented to the governor May 23, 2003 
           Signed by the governor May 27, 2003, 3:59 p.m.