1.1 	A bill for an act
1.2 	relating to health; reinstating provisions relating to
1.3 	voluntary licensure of alcohol and drug counselors;
1.4 	amending Minnesota Statutes 2004, section 148C.11,
1.5 	subdivisions 1, 5, 6.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 148C.11,
1.8 	subdivision 1, is amended to read:
1.9 		Subdivision 1.Other professionals.  (a) Nothing in this
1.10 	chapter prevents members of other professions or occupations
1.11 	from performing functions for which they are qualified or
1.12 	licensed.  This exception includes, but is not limited to,
1.13 	licensed physicians, registered nurses, licensed practical
1.14 	nurses, licensed psychological practitioners, members of the
1.15 	clergy, American Indian medicine men and women, licensed
1.16 	attorneys, probation officers, licensed marriage and family
1.17 	therapists, ~~licensed~~ social workers, licensed professional
1.18 	counselors, licensed school counselors, registered occupational
1.19 	therapists or occupational therapy assistants, and until July 1,
1.20 	2005, individuals providing integrated dual-diagnosis treatment
1.21 	in adult mental health rehabilitative programs certified by the
1.22 	Department of Human Services under section 256B.0622 or
1.23 	256B.0623.
1.24 	(b) Nothing in this chapter prohibits technicians and
1.25 	resident managers in programs licensed by the Department of
2.1 	Human Services from discharging their duties as provided in
2.2 	Minnesota Rules, chapter 9530.
2.3 	(c) Any person who is exempt under this section but who
2.4 	elects to obtain a license under this chapter is subject to this
2.5 	chapter to the same extent as other licensees.
2.6 	(d) These persons must not, however, use a title
2.7 	incorporating the words "alcohol and drug counselor" or
2.8 	"licensed alcohol and drug counselor" or otherwise hold
2.9 	themselves out to the public by any title or description stating
2.10 	or implying that they are engaged in the practice of alcohol and
2.11 	drug counseling, or that they are licensed to engage in the
2.12 	practice of alcohol and drug counseling.  Persons engaged in the
2.13 	practice of alcohol and drug counseling are not exempt from the
2.14 	commissioner's jurisdiction solely by the use of one of the
2.15 	above titles.

2.16 	Sec. 2. Minnesota Statutes 2004, section 148C.11,
2.17 	subdivision 5, is amended to read:
2.18 		Subd. 5.City, county, and state agency alcohol and drug
2.19 	counselors. ~~Effective January 1, 2006, city, county, and state~~
2.20 	~~agencies employing alcohol and drug counselors shall be required~~
2.21 	~~to employ licensed alcohol and drug counselors.  An alcohol and~~
2.22 	~~drug counselor employed by a city, county, or state agency must~~
2.23 	~~be licensed as an alcohol and drug counselor in accordance with~~
2.24 	~~this chapter.~~The licensing of city, county, and state agency
2.25 	alcohol and drug counselors is voluntary while the counselor is
2.26 	employed by the city, county, or state agency.  City, county,
2.27 	and state agencies employing alcohol and drug counselors are not
2.28 	required to employ licensed alcohol and drug counselors, nor may
2.29 	they require their drug and alcohol counselors to be licensed.

2.30 	Sec. 3. Minnesota Statutes 2004, section 148C.11,
2.31 	subdivision 6, is amended to read:
2.32 		Subd. 6.Transition period for hospital and ~~city, county,~~
2.33 	~~and state agency~~ school district alcohol and drug counselors.
 2.34 	(a) For the period between July 1, 2003, and January 1, 2006,
2.35 	the commissioner shall grant a license to an individual who is
2.36 	employed as an alcohol and drug counselor at a Minnesota school
3.1 	district or hospital~~, or a city, county, or state agency in~~
3.2 	~~Minnesota,~~if the individual:
3.3 	(1) was employed as an alcohol and drug counselor at a
3.4 	school district~~,~~or a hospital~~, or a city, county, or state~~
3.5 	~~agency~~ before August 1, 2002;
3.6 	(2) has 8,000 hours of alcohol and drug counselor work
3.7 	experience;
3.8 	(3) has completed a written case presentation and
3.9 	satisfactorily passed an oral examination established by the
3.10 	commissioner;
3.11 	(4) has satisfactorily passed a written examination as
3.12 	established by the commissioner; and
3.13 	(5) meets the requirements in section 148C.0351.
3.14 	(b) A transition period license granted to an individual
3.15 	employed as an alcohol and drug counselor at a city, county, or
3.16 	state agency under Laws 2003, First Special Session chapter 14,
3.17 	article 5, subdivision 6, is not nullified by the deletion of
3.18 	those licenses in paragraph (a) in the 2005 regular legislative
3.19 	session.

3.20 	Sec. 4. EFFECTIVE DATE.
 3.21 	Sections 1 to 3 are effective the day following final
3.22 	enactment.