language to be deleted (2) new language
relating to health occupations; modifying provisions related to marriage and family therapists; making technical and clarifying changes;
amending Minnesota Statutes 2018, sections 148B.29, subdivision 1, by adding a subdivision; 148B.31; 148B.32; 148B.33, subdivision 2; 148B.35; 148B.37, subdivision 1, by adding a subdivision; 148B.38, subdivisions 1, 2; 148B.39; proposing coding for new law in Minnesota Statutes, chapter 148B; repealing Minnesota Statutes 2018, sections 148B.01, subdivisions 1, 4, 7; 148B.03; 148B.04, subdivisions 2, 3, 4, 5, 6; 148B.05, subdivision 1; 148B.06, subdivision 1; 148B.07; 148B.08; 148B.09; 148B.10; 148B.11; 148B.12; 148B.13; 148B.14; 148B.15; 148B.17; 148B.175; 148B.1751; 148B.30, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
The board shall:
(1) adopt and enforce rules for marriage and family therapy licensing, which shall be designed to protect the public;
(2) develop by rule appropriate techniques, including examinations and other methods, for determining whether applicants and licensees are qualified under sections 148B.29 to 148B.39;
(3) issue licenses to individuals who are qualified under sections 148B.29 to 148B.39;
(4) establish and implement procedures designed to assure that licensed marriage and family therapists will comply with the board's rules;
(5) study and investigate the practice of marriage and family therapy within the state in order to improve the standards imposed for the licensing of marriage and family therapists and to improve the procedures and methods used for enforcement of the board's standards;
(6) formulate and implement a code of ethics for all licensed marriage and family therapists; and
(7) establish continuing education requirements for marriage and family therapists.
After adoption of rules by the board implementing sections 148B.29 to 148B.39, No individual shall engage in marriage and family therapy practice unless that individual holds a valid license issued under sections 148B.29 to 148B.39.
After adoption of rules by the board implementing sections 148B.29 to 148B.39, No individual shall be held out to be a marriage and family therapist unless that individual holds a valid license issued under sections 148B.29 to 148B.39, is a psychologist licensed by the Board of Psychology with a competency in marriage and family therapy, or is a person providing marriage and family therapy who is employed by a hospital licensed under chapter 144 and who is acting within the scope of the person's employment.
Each applicant shall pay a nonrefundable application fee under section 148B.17.
The board shall issue a marriage and family therapist's license to an individual who holds a current license as a marriage and family therapist from another jurisdiction if the board determines that the standards for licensure in the other jurisdiction are at least equivalent to or exceed the requirements of sections 148B.29 to 148B.39 and the rules of the board.
The board may refuse to grant a license to, or may suspend, revoke, condition, limit, qualify, or restrict the license of any individual who the board, after a hearing under the contested case provisions of chapter 14, determines:
(1) is incompetent to practice marriage and family therapy, or is found to engage in the practice of marriage and family therapy in a manner harmful or dangerous to a client or to the public;
(2) is convicted by a court of competent jurisdiction of a crime that the board determines is of a nature to render the convicted person unfit to practice marriage and family therapy. The board should compile, maintain, and publish a list of such crimes;
(3) has violated a provision of sections 148B.29 to 148B.39 or one or more of the rules of the board;
(4) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent representation;
(5) has knowingly made a false statement on a form required by the board for licensing or license renewal; or
(6) has failed to obtain continuing education credits required by the board.
Nothing in sections 148B.29 to 148B.39 shall be construed to prevent qualified members of other licensed or certified professions or occupations, such as licensed physicians, registered nurses, licensed practical nurses, psychologists licensed by the board of psychology, social workers, probation officers, members of the clergy, attorneys, school counselors who are employed by an accredited educational institution while performing those duties for which they are employed, registered occupational therapists or certified occupational therapist assistants who are certified by the American Occupational Therapy Association, from doing work of a marriage and family therapy nature.
Nothing in sections 148B.29 to 148B.39 shall be construed to prevent marriage and family therapy practice by students or interns or individuals preparing for marriage and family therapy to practice under qualified supervision of a licensed professional, recognized and approved by the board in a recognized educational institution or agency so long as they are designated by titles such as "student," "trainee," "intern," or other titles clearly indicating training status.
A person licensed under sections 148B.29 to 148B.39 and employees and professional associates of the person cannot be required to disclose any information that the person, employee, or associate may have acquired in rendering marriage and family therapy services, unless:
(1) disclosure is required by other state laws;
(2) failure to disclose the information presents a clear and present danger to the health or safety of an individual;
(3) the person, employee, or associate is a party defendant to a civil, criminal, or disciplinary action arising from the therapy, in which case a waiver of the privilege accorded by this section is limited to that action;
(4) the patient is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses in that person's behalf; and
(5) a patient agrees to a waiver of the privilege accorded by this section, and in circumstances where more than one person in a family is receiving therapy, each such family member agrees to the waiver. Absent a waiver from each family member, a marital and family therapist cannot disclose information received by a family member.
Presented to the governor May 22, 2019
Signed by the governor May 22, 2019, 1:46 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes