1.1 	A bill for an act
1.2 	relating to health occupations; modifying the
1.3 	transition period for licensure for hospital and city,
1.4 	county, and state agency alcohol and drug counselors;
1.5 	establishing licensure for certain licensed
1.6 	professionals; increasing the temporary permit fee;
1.7 	amending Minnesota Statutes 2004, sections 148C.04,
1.8 	subdivisions 4, 6; 148C.10, subdivision 2; 148C.11,
1.9 	subdivisions 1, 4, 5, 6; 148C.12, subdivision 3.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 148C.04,
1.12 	subdivision 4, is amended to read:
1.13 		Subd. 4.Requirements for licensure after july 1, 2008.
 1.14 	An applicant for a license must submit evidence to the
1.15 	commissioner that the applicant has met one of the following
1.16 	requirements:
1.17 	(1) the applicant must have:
1.18 	(i) received a bachelor's degree from an accredited school
1.19 	or educational program, including 18 semester credits or 270
1.20 	clock hours of academic course work in accordance with
1.21 	subdivision 5a, paragraph (a), from an accredited school or
1.22 	educational program and 880 clock hours of supervised alcohol
1.23 	and drug counseling practicum;
1.24 	(ii) completed a written case presentation and
1.25 	satisfactorily passed an oral examination established by the
1.26 	commissioner that demonstrates competence in the core functions,
1.27 	submitted to the commissioner a plan for supervision during the
2.1 	first 2,000 hours of professional practice, or submitted proof
2.2 	of supervised professional practice that is acceptable to the
2.3 	commissioner; and
2.4 	(iii) satisfactorily passed a written examination as
2.5 	established by the commissioner; or
2.6 	(2) the applicant must meet the requirements of section
2.7 	148C.07.

2.8 	Sec. 2. Minnesota Statutes 2004, section 148C.04,
2.9 	subdivision 6, is amended to read:
2.10 		Subd. 6.Temporary permit requirements.  (a) The
2.11 	commissioner shall issue a temporary permit to practice alcohol
2.12 	and drug counseling prior to being licensed under this chapter
2.13 	if the person:
2.14 	(1) either:
2.15 	(i) submits verification of a current and unrestricted
2.16 	credential for the practice of alcohol and drug counseling from
2.17 	a national certification body or a certification or licensing
2.18 	body from another state, United States territory, or federally
2.19 	recognized tribal authority;
2.20 	(ii) submits verification of the completion of at least 64
2.21 	semester credits, including 270 clock hours or 18 semester
2.22 	credits of formal classroom education in alcohol and drug
2.23 	counseling and at least 880 clock hours of alcohol and drug
2.24 	counseling practicum from an accredited school or educational
2.25 	program;
2.26 	(iii) applies to renew a lapsed license according to the
2.27 	requirements of section 148C.055, subdivision 3, clauses (1) and
2.28 	(2), or section 148C.055, subdivision 4, clauses (1) and (2); or
2.29 	(iv) meets the requirements of section 148C.11, subdivision
2.30 	1, paragraph (c), or 6, clauses (1), (2), and (5);
2.31 	(2) applies, in writing, on an application form provided by
2.32 	the commissioner, which includes the nonrefundable temporary
2.33 	permit fee as specified in section 148C.12 and an affirmation by
2.34 	the person's supervisor, as defined in paragraph (c), clause
2.35 	(1), which is signed and dated by the person and the person's
2.36 	supervisor; and
3.1 	(3) has not been disqualified to practice temporarily on
3.2 	the basis of a background investigation under section 148C.09,
3.3 	subdivision 1a.
3.4 	(b) The commissioner must notify the person in writing
3.5 	within 90 days from the date the completed application and all
3.6 	required information is received by the commissioner whether the
3.7 	person is qualified to practice under this subdivision.
3.8 	(c) A person practicing under this subdivision:
3.9 	(1) may practice under tribal jurisdiction or under the
3.10 	direct supervision of a person who is licensed under this
3.11 	chapter;
3.12 	(2) is subject to the Rules of Professional Conduct set by
3.13 	rule; and
3.14 	(3) is not subject to the continuing education requirements
3.15 	of section 148C.075.
3.16 	(d) A person practicing under this subdivision must use the
3.17 	title or description stating or implying that the person is a
3.18 	trainee engaged in the practice of alcohol and drug counseling.
3.19 	(e) A person practicing under this subdivision must
3.20 	annually submit a renewal application on forms provided by the
3.21 	commissioner with the renewal fee required in section 148C.12,
3.22 	subdivision 3, and the commissioner may renew the temporary
3.23 	permit if the trainee meets the requirements of this
3.24 	subdivision.  A trainee may renew a practice permit no more than
3.25 	five times.
3.26 	(f) A temporary permit expires if not renewed, upon a
3.27 	change of employment of the trainee or upon a change in
3.28 	supervision, or upon the granting or denial by the commissioner
3.29 	of a license.

3.30 	Sec. 3. Minnesota Statutes 2004, section 148C.10,
3.31 	subdivision 2, is amended to read:
3.32 		Subd. 2.Use of titles.  No person shall present
3.33 	themselves or any other individual to the public by any title
3.34 	incorporating the words "licensed alcohol and drug counselor" or
3.35 	otherwise hold themselves out to the public by any title or
3.36 	description stating or implying that they are licensed or
4.1 	otherwise qualified to practice alcohol and drug counseling
4.2 	unless that individual holds a valid license.  Persons issued a
4.3 	temporary permit must use titles consistent with section
4.4 	148C.04, subdivision 6, paragraph (c) (d).

4.5 	Sec. 4. Minnesota Statutes 2004, section 148C.11,
4.6 	subdivision 1, is amended to read:
4.7 		Subdivision 1.Other professionals.  (a) Nothing in this
4.8 	chapter prevents members of other professions or occupations
4.9 	from performing functions for which they are qualified or
4.10 	licensed.  This exception includes, but is not limited to,
4.11 	licensed physicians, registered nurses, licensed practical
4.12 	nurses, licensed psychological practitioners, members of the
4.13 	clergy, American Indian medicine men and women, licensed
4.14 	attorneys, probation officers, licensed marriage and family
4.15 	therapists, licensed social workers, licensed professional
4.16 	counselors, licensed school counselors, registered occupational
4.17 	therapists or occupational therapy assistants, and until July 1,
4.18 	2005, individuals providing integrated dual-diagnosis treatment
4.19 	in adult mental health rehabilitative programs certified by the
4.20 	Department of Human Services under section 256B.0622 or
4.21 	256B.0623.
4.22 	(b) Nothing in this chapter prohibits technicians and
4.23 	resident managers in programs licensed by the Department of
4.24 	Human Services from discharging their duties as provided in
4.25 	Minnesota Rules, chapter 9530.
4.26 	(c) Any person who is exempt under this section subdivision 
4.27 	but who elects to obtain a license under this chapter is subject
4.28 	to this chapter to the same extent as other licensees. The
4.29 	commissioner shall issue a license without examination to an
4.30 	applicant who is licensed or registered in a profession
4.31 	identified in paragraph (a) if the applicant:
4.32 	(1) shows evidence of current licensure or registration;
4.33 	and 
4.34 	(2) has submitted to the commissioner a plan for
4.35 	supervision during the first 2,000 hours of professional
4.36 	practice or has submitted proof of supervised professional
5.1 	practice that is acceptable to the commissioner.
5.2 	(d) These persons Any person who is exempt from licensure
5.3 	under this section must not, however,use a title incorporating
5.4 	the words "alcohol and drug counselor" or "licensed alcohol and
5.5 	drug counselor" or otherwise hold themselves out to the public
5.6 	by any title or description stating or implying that they are
5.7 	engaged in the practice of alcohol and drug counseling, or that
5.8 	they are licensed to engage in the practice of alcohol and drug
5.9 	counseling unless that person is also licensed as an alcohol and
5.10 	drug counselor.  Persons engaged in the practice of alcohol and
5.11 	drug counseling are not exempt from the commissioner's
5.12 	jurisdiction solely by the use of one of the above titles.

5.13 	Sec. 5. Minnesota Statutes 2004, section 148C.11,
5.14 	subdivision 4, is amended to read:
5.15 		Subd. 4.Hospital alcohol and drug counselors.  Effective
5.16 	January 1, 2006 2007, hospitals employing alcohol and drug
5.17 	counselors shall be required to employ licensed alcohol and drug
5.18 	counselors.  An alcohol or drug counselor employed by a hospital
5.19 	must be licensed as an alcohol and drug counselor in accordance
5.20 	with this chapter.

5.21 	Sec. 6. Minnesota Statutes 2004, section 148C.11,
5.22 	subdivision 5, is amended to read:
5.23 		Subd. 5.City, county, and state agency alcohol and drug
5.24 	counselors.  Effective January 1, 2006 2007, city, county, and
5.25 	state agencies employing alcohol and drug counselors shall be
5.26 	required to employ licensed alcohol and drug counselors.  An
5.27 	alcohol and drug counselor employed by a city, county, or state
5.28 	agency must be licensed as an alcohol and drug counselor in
5.29 	accordance with this chapter.

5.30 	Sec. 7. Minnesota Statutes 2004, section 148C.11,
5.31 	subdivision 6, is amended to read:
5.32 		Subd. 6.Transition period for hospital and city, county,
5.33 	and state agency alcohol and drug counselors.  For the period
5.34 	between July 1, 2003, and January 1, 2006 2007, the commissioner
5.35 	shall grant a license to an individual who is employed as an
5.36 	alcohol and drug counselor at a Minnesota school district or
6.1 	hospital, or a city, county, or state agency in Minnesota, if
6.2 	the individual meets the requirements in section 148C.0351 and:
6.3 	(1) was employed as an alcohol and drug counselor at a
6.4 	school district, a hospital, or a city, county, or state agency
6.5 	before August 1, 2002; (2) has 8,000 hours of alcohol and drug
6.6 	counselor work experience; (3) has completed a written case
6.7 	presentation and satisfactorily passed an oral examination
6.8 	established by the commissioner; (4) and has satisfactorily
6.9 	passed a written examination as established by the commissioner;
6.10 	and (5) meets the requirements in section 148C.0351
6.11 	(2) is credentialed as a certified chemical dependency
6.12 	counselor (CCDC) or certified chemical dependency counselor
6.13 	reciprocal (CCDCR) by the Institute for Chemical Dependency
6.14 	Professionals of Minnesota, Inc.;
6.15 	(3) is credentialed as a certified chemical
6.16 	dependency-practitioner (CCDP) by the Institute for Chemical
6.17 	Dependency Professionals of Minnesota, Inc.; or 
6.18 	(4) has 14,000 hours of supervised alcohol and drug
6.19 	counselor experience as defined by the core functions and 270
6.20 	clock hours of alcohol and drug training with a minimum of 60
6.21 	hours of this training occurring within the past five years.

6.22 	Sec. 8. Minnesota Statutes 2004, section 148C.12,
6.23 	subdivision 3, is amended to read:
6.24 		Subd. 3.Temporary permit fee.  The initial fee for
6.25 	applicants under section 148C.04, subdivision 6, paragraph (a),
6.26 	is $100.  The fee for annual renewal of a temporary permit
6.27 	is $100 $150, but when the first expiration date occurs in less
6.28 	or more than one year, the fee must be prorated.