Minnesota Session Laws - 2010, Regular Session

CHAPTER 199--S.F.No. 2596

An act

relating to health occupations; modifying a mental health substance abuse review provision; modifying licensure requirements for psychologists;

amending Minnesota Statutes 2008, sections 148.90, subdivision 1; 148.909; 148.915; 148.916, subdivision 1, by adding a subdivision; Minnesota Statutes 2009 Supplement, section 62M.09, subdivision 3a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2009 Supplement, section 62M.09, subdivision 3a, is amended to read:

Subd. 3a.

Mental health and substance abuse reviews.

(a) A peer of the treating mental health or substance abuse provider new text begin , a doctoral-level psychologist, new text end or a physician must review requests for outpatient services in which the utilization review organization has concluded that a determination not to certify a mental health or substance abuse service for clinical reasons is appropriate, provided that any final determination not to certify treatment is made by a psychiatrist certified by the American Board of Psychiatry and Neurology and appropriately licensed in this state or by a doctoral-level psychologist licensed in this state deleted text begin if the treating provider is a psychologist deleted text end .

(b) new text begin Notwithstanding paragraph (a), a doctoral-level psychologist shall not review any request or final determination not to certify a mental health or substance abuse service or treatment if the treating provider is a psychiatrist. new text end

new text begin (c) new text end Notwithstanding the notification requirements of section 62M.05, a utilization review organization that has made an initial decision to certify in accordance with the requirements of section 62M.05 may elect to provide notification of a determination to continue coverage through facsimile or mail.

deleted text begin (c) deleted text end new text begin (d) new text end This subdivision does not apply to determinations made in connection with policies issued by a health plan company that is assessed less than three percent of the total amount assessed by the Minnesota Comprehensive Health Association.

Sec. 2.

Minnesota Statutes 2008, section 148.90, subdivision 1, is amended to read:

Subdivision 1.

Board of Psychology.

(a) The Board of Psychology is created with the powers and duties described in this section. The board has 11 members who consist of:

(1) three individuals licensed as licensed psychologists who have doctoral degrees in psychology;

(2) two individuals licensed as licensed psychologists who have master's degrees in psychology;

(3) two psychologists, not necessarily licensed, one with a doctoral degree in psychology deleted text begin who represents a doctoral deleted text end new text begin and one with either a doctoral or master's degree in psychology representing different new text end training deleted text begin program deleted text end new text begin programs new text end in psychology deleted text begin , and one who represents a master's degree training program in psychology deleted text end ;

(4) one individual licensed or qualified to be licensed as: (i) through December 31, 2010, a licensed psychological practitioner; and (ii) after December 31, 2010, a licensed psychologist; and

(5) three public members.

(b) After the date on which fewer than 30 percent of the individuals licensed by the board as licensed psychologists qualify for licensure under section 148.907, subdivision 3, paragraph (b), vacancies filled under paragraph (a), clause (2), shall be filled by an individual with either a master's or doctoral degree in psychology licensed or qualified to be licensed as a licensed psychologist.

(c) After the date on which fewer than 15 percent of the individuals licensed by the board as licensed psychologists qualify for licensure under section 148.907, subdivision 3, paragraph (b), vacancies under paragraph (a), clause (2), shall be filled by an individual with either a master's or doctoral degree in psychology licensed or qualified to be licensed as a licensed psychologist.

Sec. 3.

Minnesota Statutes 2008, section 148.909, is amended to read:

148.909 LICENSURE FOR VOLUNTEER PRACTICE.

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin Retired providers who are or were licensed, certified, or registered to practice psychology in any jurisdiction may apply to new text end the board deleted text begin , at its discretion, may grant deleted text end new text begin for new text end licensure deleted text begin for volunteer deleted text end new text begin to new text end practice deleted text begin to an applicant who: deleted text end new text begin psychology as a licensed psychologist-volunteer provided the applicant meets the following requirements and the requirements in subdivision 2: new text end

(1) deleted text begin is completely retired from the practice of psychology deleted text end new text begin submits to the board a notarized application for licensure as a licensed psychologist-volunteer new text end ;

(2) deleted text begin has no unresolved disciplinary action or complaints pending in the state of Minnesota or any other jurisdiction deleted text end new text begin is of good moral character and has no complaints or corrective or disciplinary action pending in any jurisdiction new text end ; deleted text begin and deleted text end

(3) deleted text begin has held a license, certificate, or registration to practice psychology in any jurisdiction deleted text end new text begin if not currently licensed by the board, passes the most recent version of the professional responsibility examination administered by the board and pays the fee associated with sitting for the examination; and new text end

new text begin (4) pays the nonrefundable fee for licensure established in subdivision 8 new text end .

new text begin Subd. 2. new text end

new text begin Education requirements. new text end

new text begin An applicant who was formerly licensed by the board must meet the education, training, and experience requirements that were in place at the time of the original license. An applicant who was not formerly licensed by the board must meet the current requirements for licensure. new text end

new text begin Subd. 3. new text end

new text begin Pro bono service. new text end

new text begin A provider licensed under this section shall only provide psychological services on a pro bono basis and shall not receive a commission, rebate, or remuneration, directly or indirectly, except that a provider may accept reimbursement for reasonable expenses incurred due to the provision of volunteer psychological services. new text end

new text begin Subd. 4. new text end

new text begin Documentation of status. new text end

new text begin A provider licensed under this section shall receive a license documenting that they are licensed for volunteer practice. new text end

new text begin Subd. 5. new text end

new text begin Designation of license. new text end

new text begin In addition to the descriptions allowed in section 148.96, providers granted licensure under this section shall use the designation "LP-V" to designate licensed psychologist-volunteer. new text end

new text begin Subd. 6. new text end

new text begin Return to previous licensure status. new text end

new text begin Providers licensed under this section who request to return to their previous licensure status may do so upon submission of a written application provided by the board and payment of the applicable licensure fee. Providers may not concurrently hold a license as a licensed psychologist and a license as a licensed psychologist-volunteer. new text end

new text begin Subd. 7. new text end

new text begin Continuing education requirements. new text end

new text begin A provider licensed under this section is subject to the same continuing education requirements as a licensed psychologist under section 148.911. new text end

new text begin Subd. 8. new text end

new text begin Fees. new text end

new text begin The fee for licensure as a licensed psychologist-volunteer shall be 50 percent of the fee for licensure as a licensed psychologist. A provider licensed under this section shall not be subject to special board fees. new text end

new text begin Subd. 9. new text end

new text begin Violation. new text end

new text begin A provider licensed under this section is subject to all of the provisions in the Minnesota Psychology Practice Act, violation of which is grounds for disciplinary action in accordance with section 148.941. new text end

Sec. 4.

Minnesota Statutes 2008, section 148.915, is amended to read:

148.915 RECIPROCITY.

new text begin (a) new text end The board may grant a license to deleted text begin a diplomate of the American Board of Professional Psychology or to any person who at the time of application is licensed, certified, or registered to practice psychology by a board of another state and who meets the licensure requirements under section 148.907, subdivision 2. The board, at its discretion, may elect not to require the examination in psychology under section 148.907, subdivision 2, clause (1), if the person was licensed in another state before the examination was required for licensure in that state. An applicant seeking licensure under this section shall pass a professional responsibility examination on the practice of psychology and any other examinations as required by the board. deleted text end new text begin an applicant who meets the following requirements: new text end

new text begin (1) submits to the board a notarized application for licensure as a licensed psychologist by reciprocity; new text end

new text begin (2) at the time of application, is licensed, certified, or registered to practice psychology in another state or jurisdiction, and has been for at least five consecutive years immediately preceding the date of application; new text end

new text begin (3) has a doctoral degree in psychology, which formed the basis for current licensure in another state or jurisdiction; new text end

new text begin (4) is of good moral character and has no pending complaints or active disciplinary or corrective actions in any jurisdiction; and new text end

new text begin (5) passes the Professional Responsibility Examination administered by the board and pays the fee associated with sitting for the examination. new text end

new text begin (b) If by the laws of any state or the rulings or decisions of the appropriate officers or boards thereof, any burden, obligation, requirement, disqualification, or disability is put upon licensed psychologists licensed and in good standing in this state, affecting the right of these licensed psychologists to be registered or licensed in that state, then the same or like burden, obligation, requirement, disqualification, or disability may be put upon the licensure in this state of licensed psychologists licensed in that state. new text end

Sec. 5.

Minnesota Statutes 2008, section 148.916, subdivision 1, is amended to read:

Subdivision 1.

Generally.

If a nonresident of the state of Minnesota, who is not seeking licensure in this state, and who has been issued a license, certificate, or registration by another jurisdiction to practice psychology at the doctoral level, wishes to practice in Minnesota for more than seven calendar days, the person shall apply to the board for guest licensure, provided that the psychologist's practice in Minnesota is limited to no more than deleted text begin 30 days deleted text end new text begin nine consecutive months new text end per calendar year. Application under this section shall be made no less than 30 days prior to the expected date of practice in Minnesota and shall be subject to approval by the board or its designee. The board shall charge a nonrefundable fee for guest licensure. The board shall adopt rules to implement this section.

Sec. 6.

Minnesota Statutes 2008, section 148.916, is amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Applicants for licensure. new text end

new text begin (a) An applicant who is seeking licensure in this state, and who, at the time of application, is licensed, certified, or registered to practice psychology in another jurisdiction at the doctoral level may apply to the board for guest licensure in order to begin practicing psychology in this state while their application is being processed if the applicant is of good moral character and has no complaints, corrective, or disciplinary action pending in any jurisdiction. Application under this section shall be made no less than 30 days prior to the expected date of practice in this state, and must be made concurrently or after submission of an application for licensure as a licensed psychologist. Applications under this section are subject to approval by the board or its designee. new text end

new text begin (b) The board shall charge a nonrefundable fee for guest licensure under this subdivision. new text end

new text begin (c) A guest license issued under this subdivision shall be valid for one year from the date of issuance, or until the board has either issued a license or has denied the applicant's application for licensure, whichever is earlier. Guest licenses issued under this section may be renewed annually until the board has denied the applicant's application for licensure. new text end

Presented to the governor March 25, 2010

Signed by the governor March 26, 2010, 12:03 p.m.