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2003 Minnesota Session Laws

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                            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.

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