1.1 	A bill for an act
1.2 	relating to health; modifying provisions for licensed
1.3 	professional counselors; authorizing certain
1.4 	rulemaking; amending Minnesota Statutes 2004, sections
1.5 	148B.53, subdivisions 1, 3; 148B.54, subdivision 2;
1.6 	148B.59; proposing coding for new law in Minnesota
1.7 	Statutes, chapter 148B.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 148B.53,
1.10 	subdivision 1, is amended to read:
1.11 		Subdivision 1.General requirements.  (a) To be licensed
1.12 	as a licensed professional counselor (LPC), an applicant must
1.13 	provide evidence satisfactory to the board that the applicant:
1.14 	(1) is at least 18 years of age;
1.15 	(2) is of good moral character;
1.16 	(3) has completed a master's or doctoral degree program in
1.17 	counseling or a related field, as determined by the board,that
1.18 	includes a minimum of 48 semester hours or 72 quarter hours and
1.19 	a supervised field experience of not fewer than 700 hours that
1.20 	is counseling in nature;
1.21 	(4) has submitted to the board a plan for supervision
1.22 	during the first 2,000 hours of professional practice or has
1.23 	submitted proof of supervised professional practice that is
1.24 	acceptable to the board; and
1.25 	(5) has demonstrated competence in professional counseling
1.26 	by passing the National Counseling Exam (NCE) administered by
2.1 	the National Board for Certified Counselors, Inc. (NBCC)
2.2 	~~including obtaining a passing score on the examination accepted~~
2.3 	~~by the board based on the determinations made by the NBCC~~ or an
2.4 	equivalent national examination as determined by the board,and
2.5 	ethical,oral,and situational examinations if prescribed by the
2.6 	board.
2.7 	(b) The degree described in paragraph (a), clause (3), must
2.8 	be from a counseling program recognized by the Council for
2.9 	Accreditation of Counseling and Related Education Programs
2.10 	(CACREP) or from an institution of higher education that is
2.11 	accredited by a regional accrediting organization recognized by
2.12 	the Council for Higher Education Accreditation (CHEA). Except
2.13 	as provided in paragraph (e),specific academic course content
2.14 	and training must ~~meet standards established by the CACREP,~~
2.15 	~~including~~ include course work in each of the following subject
2.16 	areas:
2.17 	(1) the helping relationship, including counseling theory
2.18 	and practice;
2.19 	(2) human growth and development;
2.20 	(3) lifestyle and career development;
2.21 	(4) group dynamics, processes, counseling, and consulting;
2.22 	(5) assessment and appraisal;
2.23 	(6) social and cultural foundations, including
2.24 	multicultural issues;
2.25 	(7) principles of etiology, treatment planning, and
2.26 	prevention of mental and emotional disorders and dysfunctional
2.27 	behavior;
2.28 	(8) family counseling and therapy;
2.29 	(9) research and evaluation; and
2.30 	(10) professional counseling orientation and ethics.
2.31 	(c) To be licensed as a professional counselor, a
2.32 	psychological practitioner licensed under section 148.908 need
2.33 	only show evidence of licensure under that section and is not
2.34 	required to comply with paragraph (a), clauses (1) to (3) and
2.35 	(5),or paragraph (b).
2.36 	(d) To be licensed as a professional counselor, a Minnesota
3.1 	licensed psychologist need only show evidence of licensure from
3.2 	the Minnesota Board of Psychology and is not required to comply
3.3 	with paragraph (a) or (b).
3.4 	(e) If the degree described in paragraph (a), clause (3),
3.5 	is from a counseling program recognized by the Council for
3.6 	Accreditation of Counseling and Related Education Programs
3.7 	(CACREP), the applicant is deemed to have met the specific
3.8 	course work requirements of paragraph (b).

3.9 	Sec. 2. Minnesota Statutes 2004, section 148B.53,
3.10 	subdivision 3, is amended to read:
3.11 		Subd. 3.Fee. ~~Each applicant shall pay a~~ 
3.12 	Nonrefundable ~~fee~~ fees are as follows:
3.13 	(1) initial license application fee for licensed
3.14 	professional counseling (LPC) - $250;
3.15 	(2) annual active license renewal fee for LPC - $200 or
3.16 	equivalent;
3.17 	(3) annual inactive license renewal fee for LPC - $100;
3.18 	(4) license renewal late fee - $100 per month or portion
3.19 	thereof;
3.20 	(5) copy of board order or stipulation - $10;
3.21 	(6) certificate of good standing or license verification -
3.22 	$10;
3.23 	(7) duplicate certificate fee - $10;
3.24 	(8) professional firm renewal fee - $25;
3.25 	(9) initial registration fee - $50; and
3.26 	(10) annual registration renewal fee - $25.

3.27 	Sec. 3. [148B.531] POSTDEGREE COMPLETION OF DEGREE
3.28 	REQUIREMENTS FOR LICENSURE.
3.29 	An individual whose degree upon which licensure is to be
3.30 	based included less than 48 semester hours or 72 quarter hours,
3.31 	who did not complete 700 hours of supervised professional
3.32 	practice as part of the degree program, or who did not complete
3.33 	course work in all of the content areas required by section
3.34 	148B.53, subdivision 1, paragraph (b), may complete these
3.35 	requirements postdegree, if:
3.36 	(1) all course work and field experiences are completed
4.1 	through an institution of higher education that is accredited by
4.2 	a regional accrediting organization recognized by the Council
4.3 	for Higher Education Accreditation (CHEA) or through a
4.4 	counseling program recognized by the Council for Accreditation
4.5 	of Counseling and Related Education Programs (CACREP);
4.6 	(2) all course work and field experiences are taken and
4.7 	passed for credit; and 
4.8 	(3) no more than 20 semester credits or 30 quarter credits
4.9 	are completed postdegree for purposes of licensure unless the
4.10 	credits are earned as part of an organized sequence of study.

4.11 	Sec. 4. Minnesota Statutes 2004, section 148B.54,
4.12 	subdivision 2, is amended to read:
4.13 		Subd. 2.Continuing education.  At the completion of the
4.14 	first ~~two~~ four years of licensure, a licensee must provide
4.15 	evidence satisfactory to the board of completion of 12
4.16 	additional postgraduate semester credit hours or its equivalent
4.17 	in counseling as determined by the board, except that no
4.18 	licensee shall be required to show evidence of greater than 60
4.19 	semester hours or its equivalent.  Thereafter, at the time of
4.20 	renewal, each licensee shall provide evidence satisfactory to
4.21 	the board that the licensee has completed during each two-year
4.22 	period at least the equivalent of 40 clock hours of professional
4.23 	postdegree continuing education in programs approved by the
4.24 	board and continues to be qualified to practice under sections
4.25 	148B.50 to 148B.593.

4.26 	Sec. 5. [148B.561] RETALIATORY PROVISIONS.
4.27 	If by the laws of any state or the rulings or decisions of
4.28 	the appropriate officers or boards thereof, any burden,
4.29 	obligation, requirement, disqualification, or disability is put
4.30 	upon licensed professional counselors licensed and in good
4.31 	standing in this state, affecting the right of these licensed
4.32 	professional counselors to be registered or licensed in that
4.33 	state, then the same or like burden, obligation, requirement,
4.34 	disqualification, or disability may be put upon the licensure in
4.35 	this state of licensed professional counselors registered in
4.36 	that state.

5.1 	Sec. 6. Minnesota Statutes 2004, section 148B.59, is
5.2 	amended to read:
5.3 	148B.59 GROUNDS FOR DISCIPLINARY ACTION; FORMS OF
5.4 	DISCIPLINARY ACTION; RESTORATION OF LICENSE.
5.5 	(a) The board may impose disciplinary action as described
5.6 	in paragraph (b) against an applicant or licensee whom the
5.7 	board, by a preponderance of the evidence, determines:
5.8 	(1) has violated a statute, rule, or order that the board
5.9 	issued or is empowered to enforce;
5.10 	(2) has engaged in fraudulent, deceptive, or dishonest
5.11 	conduct, whether or not the conduct relates to the practice of
5.12 	licensed professional counseling, that adversely affects the
5.13 	person's ability or fitness to practice professional counseling;
5.14 	(3) has engaged in unprofessional conduct or any other
5.15 	conduct which has the potential for causing harm to the public,
5.16 	including any departure from or failure to conform to the
5.17 	minimum standards of acceptable and prevailing practice without
5.18 	actual injury having to be established;
5.19 	(4) has been convicted of or has pled guilty or nolo
5.20 	contendere to a felony or other crime, an element of which is
5.21 	dishonesty or fraud, or has been shown to have engaged in acts
5.22 	or practices tending to show that the applicant or licensee is
5.23 	incompetent or has engaged in conduct reflecting adversely on
5.24 	the applicant's or licensee's ability or fitness to engage in
5.25 	the practice of professional counseling;
5.26 	(5) has employed fraud or deception in obtaining or
5.27 	renewing a license, or in passing an examination;
5.28 	(6) has had any counseling license, certificate,
5.29 	registration, privilege to take an examination, or other similar
5.30 	authority denied, revoked, suspended, canceled, limited, or not
5.31 	renewed for cause in any jurisdiction or has surrendered or
5.32 	voluntarily terminated a license or certificate during a board
5.33 	investigation of a complaint, as part of a disciplinary order,
5.34 	or while under a disciplinary order;
5.35 	(7) has failed to meet any requirement for the issuance or
5.36 	renewal of the person's license.  The burden of proof is on the
6.1 	applicant or licensee to demonstrate the qualifications or
6.2 	satisfy the requirements for a license under the Licensed
6.3 	Professional Counseling Act;
6.4 	(8) has failed to cooperate with an investigation of the
6.5 	board;
6.6 	(9) has demonstrated an inability to practice professional
6.7 	counseling with reasonable skill and safety to clients due to
6.8 	any mental or physical illness or condition;
6.9 	(10) has engaged in fee splitting.  This clause does not
6.10 	apply to the distribution of revenues from a partnership, group
6.11 	practice, nonprofit corporation, or professional corporation to
6.12 	its partners, shareholders, members, or employees if the
6.13 	revenues consist only of fees for services performed by the
6.14 	licensee or under a licensee's administrative authority.  Fee
6.15 	splitting includes, but is not limited to:
6.16 	(i) dividing fees with another person or a professional
6.17 	corporation, unless the division is in proportion to the
6.18 	services provided and the responsibility assumed by each
6.19 	professional; ~~and~~ 
6.20 	(ii) referring a client to any health care provider as
6.21 	defined in section 144.335 in which the referring licensee has a
6.22 	significant financial interest, unless the licensee has
6.23 	disclosed in advance to the client the licensee's own financial
6.24 	interest; ~~or~~ and 
6.25 	(iii) paying, offering to pay, receiving, or agreeing to
6.26 	receive a commission, rebate, or remuneration, directly or
6.27 	indirectly, primarily for the referral of clients;
6.28 	(11) has engaged in conduct with a ~~patient~~ client that is
6.29 	sexual or may reasonably be interpreted by the ~~patient~~ client as
6.30 	sexual, or in any verbal behavior that is seductive or sexually
6.31 	demeaning to a ~~patient~~ client;
6.32 	(12) has been subject to a corrective action or similar
6.33 	action in another jurisdiction or by another regulatory
6.34 	authority; or 
6.35 	(13) has been adjudicated as mentally incompetent, mentally
6.36 	ill, or mentally retarded or as a chemically dependent person, a
7.1 	person dangerous to the public, a sexually dangerous person, or
7.2 	a person who has a sexual psychopathic personality by a court of
7.3 	competent jurisdiction within this state or an equivalent
7.4 	adjudication from another state.  Adjudication automatically
7.5 	suspends a license for the duration thereof unless the board
7.6 	orders otherwise.
7.7 	(b) If grounds for disciplinary action exist under
7.8 	paragraph (a), the board may take one or more of the following
7.9 	actions:
7.10 	(1) refuse to grant or renew a license;
7.11 	(2) revoke a license;
7.12 	(3) suspend a license;
7.13 	(4) impose limitations or conditions on a licensee's
7.14 	practice of professional counseling, including, but not limited
7.15 	to, limiting the scope of practice to designated competencies,
7.16 	imposing retraining or rehabilitation requirements, requiring
7.17 	the licensee to practice under supervision, or conditioning
7.18 	continued practice on the demonstration of knowledge or skill by
7.19 	appropriate examination or other review of skill and competence;
7.20 	(5) censure or reprimand the licensee;
7.21 	(6) refuse to permit an applicant to take the licensure
7.22 	examination or refuse to release an applicant's examination
7.23 	grade if the board finds that it is in the public interest; or
7.24 	(7) impose a civil penalty not exceeding $10,000 for each
7.25 	separate violation, the amount of the civil penalty to be fixed
7.26 	so as to deprive the applicant or licensee of any economic
7.27 	advantage gained by reason of the violation charged, to
7.28 	discourage similar violations or to reimburse the board for the
7.29 	cost of the investigation and proceeding, including, but not
7.30 	limited to, fees paid for services provided by the Office of
7.31 	Administrative Hearings, legal and investigative services
7.32 	provided by the Office of the Attorney General, court reporters,
7.33 	witnesses, reproduction of records, board members' per diem
7.34 	compensation, board staff time, and travel costs and expenses
7.35 	incurred by board staff and board members.
7.36 	(c) In lieu of or in addition to paragraph (b), the board
8.1 	may require, as a condition of continued licensure, termination
8.2 	of suspension, reinstatement of license, examination, or release
8.3 	of examination grades, that the applicant or licensee:
8.4 	(1) submit to a quality review, as specified by the board,
8.5 	of the applicant's or licensee's ability, skills, or quality of
8.6 	work; and
8.7 	(2) complete to the satisfaction of the board educational
8.8 	courses specified by the board.
8.9 	The board may also refer a licensee, if appropriate, to the
8.10 	health professionals services program described in sections
8.11 	214.31 to 214.37.
8.12 	(d) Service of the order is effective if the order is
8.13 	served on the applicant, licensee, or counsel of record
8.14 	personally or by mail to the most recent address provided to the
8.15 	board for the licensee, applicant, or counsel of record.  The
8.16 	order shall state the reasons for the entry of the order.

8.17 	Sec. 7. [148B.5901] TEMPORARY SUSPENSION OF LICENSE.
8.18 	(a) In addition to any other remedy provided by law, the
8.19 	board may issue an order to temporarily suspend the credentials
8.20 	of a licensee after conducting a preliminary inquiry to
8.21 	determine if the board reasonably believes that the licensee has
8.22 	violated a statute or rule that the board is empowered to
8.23 	enforce and whether continued practice by the licensee would
8.24 	create an imminent risk of harm to others.
8.25 	(b) The order may prohibit the licensee from engaging in
8.26 	the practice of licensed professional counseling in whole or in
8.27 	part and may condition the end of a suspension on the licensee's
8.28 	compliance with a statute, rule, or order that the board has
8.29 	issued or is empowered to enforce.
8.30 	(c) The order shall give notice of the right to a hearing
8.31 	according to this subdivision and shall state the reasons for
8.32 	the entry of the order.
8.33 	(d) Service of the order is effective when the order is
8.34 	served on the licensee personally or by certified mail, which is
8.35 	complete upon receipt, refusal, or return for nondelivery to the
8.36 	most recent address provided to the board for the licensee.
9.1 	(e) At the time the board issues a temporary suspension
9.2 	order, the board shall schedule a hearing to be held before its
9.3 	own members.  The hearing shall begin no later than 60 days
9.4 	after issuance of the temporary suspension order or within 15
9.5 	working days of the date of the board's receipt of a request for
9.6 	hearing by a licensee, on the sole issue of whether there is a
9.7 	reasonable basis to continue, modify, or lift the temporary
9.8 	suspension.  The hearing is not subject to chapter 14.  Evidence
9.9 	presented by the board or the licensee shall be in affidavit
9.10 	form only.  The licensee or counsel of record may appear for
9.11 	oral argument.
9.12 	(f) Within five working days of the hearing, the board
9.13 	shall issue its order and, if the suspension is continued,
9.14 	schedule a contested case hearing within 30 days of the issuance
9.15 	of the order.  Notwithstanding chapter 14, the administrative
9.16 	law judge shall issue a report within 30 days after closing the
9.17 	contested case hearing record.  The board shall issue a final
9.18 	order within 30 days of receipt of the administrative law
9.19 	judge's report.

9.20 	Sec. 8. [148B.5905] MENTAL, PHYSICAL, OR CHEMICAL
9.21 	DEPENDENCY EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.
9.22 	(a) If the board has probable cause to believe section
9.23 	148B.59, paragraph (a), clause (9), applies to a licensee or
9.24 	applicant, the board may direct the person to submit to a
9.25 	mental, physical, or chemical dependency examination or
9.26 	evaluation.  For the purpose of this section, every licensee and
9.27 	applicant is deemed to have consented to submit to a mental,
9.28 	physical, or chemical dependency examination or evaluation when
9.29 	directed in writing by the board and to have waived all
9.30 	objections to the admissibility of the examining professionals'
9.31 	testimony or examination reports on the grounds that the
9.32 	testimony or examination reports constitute a privileged
9.33 	communication.  Failure of a licensee or applicant to submit to
9.34 	an examination when directed by the board constitutes an
9.35 	admission of the allegations against the person, unless the
9.36 	failure was due to circumstances beyond the person's control, in
10.1 	which case a default and final order may be entered without the
10.2 	taking of testimony or presentation of evidence.  A licensee or
10.3 	applicant affected under this paragraph shall at reasonable
10.4 	intervals be given an opportunity to demonstrate that the person
10.5 	can resume the competent practice of licensed professional
10.6 	counseling with reasonable skill and safety to the public.  In
10.7 	any proceeding under this paragraph, neither the record of
10.8 	proceedings nor the orders entered by the board shall be used
10.9 	against a licensee or applicant in any other proceeding.
10.10 	(b) In addition to ordering a physical or mental
10.11 	examination, the board may, notwithstanding section 13.384,
10.12 	144.651, or any other law limiting access to medical or other
10.13 	health data, obtain medical data and health records relating to
10.14 	a licensee or applicant without the licensee's or applicant's
10.15 	consent if the board has probable cause to believe that section
10.16 	148B.59, paragraph (a), clause (9), applies to the licensee or
10.17 	applicant.  The medical data may be requested from a provider,
10.18 	as defined in section 144.335, subdivision 1, paragraph (b); an
10.19 	insurance company; or a government agency, including the
10.20 	Department of Human Services.  A provider, insurance company, or
10.21 	government agency shall comply with any written request of the
10.22 	board under this subdivision and is not liable in any action for
10.23 	damages for releasing the data requested by the board if the
10.24 	data are released pursuant to a written request under this
10.25 	subdivision, unless the information is false and the provider
10.26 	giving the information knew, or had reason to believe, the
10.27 	information was false.  Information obtained under this
10.28 	subdivision is classified as private under sections 13.01 to
10.29 	13.87.

10.30 	Sec. 9. [148B.5907] LIMITATION PERIOD.
10.31 	(a) A board proceeding against a licensee shall not be
10.32 	instituted unless it is begun within seven years from the date
10.33 	of some portion of the alleged misconduct that is complained of.
10.34 	(b) The following are exceptions to the limitation period
10.35 	in paragraph (a):
10.36 	(1) complaints alleging a violation of section 148B.59,
11.1 	paragraph (a), clauses (2), (4), (5), and (6);
11.2 	(2) complaints alleging sexual intercourse or other
11.3 	physical intimacies with a client or any verbal or physical
11.4 	behavior that is sexually seductive or sexually demeaning to the
11.5 	client; and 
11.6 	(3) complaints alleging sexual intercourse or other
11.7 	physical intimacies with a former client, or any verbal or
11.8 	physical behavior that is sexually demeaning to the former
11.9 	client, for a period of two years following the date of the last
11.10 	professional contact with the former client, whether or not the
11.11 	provider has formally terminated the professional relationship.
11.12 	Physical intimacies under clauses (2) and (3) include
11.13 	handling of the breasts, genital areas, buttocks, or thighs of
11.14 	either sex by either the provider or the client.
11.15 	(c) If a complaint is received by the board less than 12
11.16 	months from the expiration of the limitation period in paragraph
11.17 	(a), the limitation period is extended for a period of 12 months
11.18 	from the date the complaint is received by the board.
11.19 	(d) If misconduct is alleged that involves a client who is
11.20 	a minor, the limitation period in paragraph (a) does not begin
11.21 	until the minor reaches the age of 18.
11.22 	(e) For purposes of this subdivision only, "proceeding"
11.23 	means the service of a notice of conference, or in cases in
11.24 	which a notice of conference was not served, a notice of hearing.

11.25 	Sec. 10. [148B.5925] TEST SECURITY.
11.26 	Notwithstanding section 144.335, subdivision 2, paragraphs
11.27 	(a) and (b), a provider shall not be required to provide copies
11.28 	of tests, test materials, or scoring keys to any individual who
11.29 	has completed a test or to an individual not qualified to
11.30 	administer, score, and interpret the test, if the provider
11.31 	reasonably determines that access would compromise the
11.32 	objectivity, fairness, or integrity of the testing process for
11.33 	the individual or others.  If the provider makes this
11.34 	determination, the provider shall, at the discretion of the
11.35 	individual who has completed the test, release the information
11.36 	either to another provider who is qualified to administer,
12.1 	score, and interpret the test or furnish a summary of the test
12.2 	results to the individual or to a third party designated by the
12.3 	individual.

12.4 	Sec. 11. AUTHORIZATION FOR EXPEDITED RULEMAKING
12.5 	AUTHORITY.
 12.6 	The Board of Behavioral Health and Therapy may use the
12.7 	expedited rulemaking process under Minnesota Statutes, section
12.8 	14.389, for adopting and amending rules to conform with sections
12.9 	1 to 10.