1.1                          A bill for an act
  1.2             relating to health professions; establishing licensure 
  1.3             requirements for part-time practitioners of psychology 
  1.4             and for emeritus registrants; amending Minnesota 
  1.5             Statutes 1996, sections 148.89, subdivision 4; and 
  1.6             148.96, subdivision 3; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 148. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 148.89, 
  1.10  subdivision 4, is amended to read: 
  1.11     Subd. 4.  [LICENSEE.] "Licensee" means a person who is 
  1.12  licensed by the board as a licensed psychologist ~~or~~, as a 
  1.13  psychological practitioner, or as a part-time practitioner of 
  1.14  psychology. 
  1.15     Sec. 2.  [148.909] [LICENSURE FOR PART-TIME PRACTICE.] 
  1.16     Subdivision 1.  [GENERALLY.] The board may grant a license 
  1.17  for part-time practice to an applicant who, at the time of 
  1.18  application: 
  1.19     (1) is a licensed psychologist or licensed psychological 
  1.20  practitioner; and 
  1.21     (2) has no unresolved disciplinary action or complaints 
  1.22  pending in the state of Minnesota or any other jurisdiction. 
  1.23     Subd. 2.  [PERSONS ELIGIBLE.] A licensed psychologist or 
  1.24  licensed psychological practitioner who is engaged in the paid 
  1.25  or volunteer practice of psychology in Minnesota for no more 
  1.26  than a combined total of 40 hours per calendar month may apply 
  2.1   to the board for a license for part-time practice by completing 
  2.2   an application form established by the board and by paying a 
  2.3   nonrefundable fee set by the board. 
  2.4      Subd. 3.  [SCOPE OF PRACTICE FOR PART-TIME 
  2.5   PRACTITIONERS.] An individual licensed under this section is a 
  2.6   licensee of the board and may engage in the practice of 
  2.7   psychology as defined in section 148.89, subdivision 5.  A 
  2.8   part-time practitioner shall not practice psychology for pay or 
  2.9   on a volunteer basis for more than a combined total of 40 hours 
  2.10  per calendar month. 
  2.11     Subd. 4.  [CONTINUING EDUCATION REQUIREMENTS.] An 
  2.12  individual licensed under this section shall comply with the 
  2.13  continuing education requirements of section 148.911 and with 
  2.14  the related rules of the board. 
  2.15     Subd. 5.  [LICENSE RENEWAL; FEES.] An individual licensed 
  2.16  under this section is subject to the biennial licensing renewal 
  2.17  provisions for all licensees in sections 148.88 to 148.98 and 
  2.18  related rules.  The board shall set the fees for license 
  2.19  renewals of part-time practitioners by rule. 
  2.20     Subd. 6.  [DOCUMENT CERTIFYING STATUS.] The board shall 
  2.21  issue a document to an individual licensed under this section 
  2.22  certifying that the licensee has been granted a license for the 
  2.23  part-time practice of psychology by the board and that the 
  2.24  licensee's paid or volunteer practice of psychology shall not 
  2.25  exceed a combined total of 40 hours per calendar month.  A 
  2.26  licensee must display this document at the primary location of 
  2.27  the licensee's professional practice. 
  2.28     Subd. 7.  [RETURN TO PREVIOUS LICENSURE LEVEL.] An 
  2.29  individual licensed under this section who wishes to return to 
  2.30  the previous licensure level the individual held immediately 
  2.31  prior to licensure for part-time practice may do so by 
  2.32  petitioning the board in writing.  If the board approves the 
  2.33  petition, the individual shall pay the pro rata share of the 
  2.34  current renewal fee for the previous licensure level.  This pro 
  2.35  rata fee shall renew the individual's license to the next 
  2.36  renewal date.  Fees paid under this subdivision are 
  3.1   nonrefundable. 
  3.2      Subd. 8.  [PRESENTATION TO THE PUBLIC.] A licensee under 
  3.3   this section shall comply with the provisions of section 148.96. 
  3.4      Subd. 9.  [VIOLATION.] An individual licensed under this 
  3.5   section is subject to all provisions of sections 148.88 to 
  3.6   148.98.  For an individual licensed under this section, 
  3.7   practicing psychology beyond a combined total of 40 hours per 
  3.8   calendar month for paid and volunteer work constitutes a 
  3.9   violation of the Minnesota Psychology Practice Act. 
  3.10     Sec. 3.  [148.9095] [EMERITUS REGISTRATION.] 
  3.11     Subdivision 1.  [GENERALLY.] The board may issue an 
  3.12  emeritus registration to a licensee who has: 
  3.13     (1) completely retired from the practice of psychology; 
  3.14     (2) no unresolved disciplinary action or complaints pending 
  3.15  in the state of Minnesota or in any other jurisdiction; and 
  3.16     (3) held a license, certificate, or registration to 
  3.17  practice psychology for at least five years. 
  3.18     Subd. 2.  [PERSONS ELIGIBLE.] A licensee who has completely 
  3.19  retired from the practice of psychology in all jurisdictions and 
  3.20  meets the criteria in subdivision 1 may apply to the board for 
  3.21  emeritus registration by completing an application form 
  3.22  established by the board and by paying a nonrefundable fee set 
  3.23  by the board by rule.  Except as provided in subdivision 11, to 
  3.24  be eligible for emeritus status the licensee must submit the 
  3.25  application and fee to the board within one year of the 
  3.26  licensee's end of active status with the board. 
  3.27     Subd. 3.  [STATUS OF REGISTRANT.] An emeritus registration 
  3.28  is not a license to practice psychology as defined in section 
  3.29  148.89, subdivision 5.  An emeritus registrant shall not 
  3.30  practice psychology. 
  3.31     Subd. 4.  [CONTINUING EDUCATION REQUIREMENTS.] An emeritus 
  3.32  registrant need not meet the continuing education requirements 
  3.33  in section 148.911 and related rules. 
  3.34     Subd. 5.  [REGISTRATION RENEWAL; FEES.] An emeritus 
  3.35  registrant is not subject to license renewal fees and special 
  3.36  assessments. 
  4.1      Subd. 6.  [DOCUMENT CERTIFYING STATUS.] The board shall 
  4.2   issue a document to an individual granted emeritus registration 
  4.3   certifying that the individual has been registered as emeritus 
  4.4   and has ended active status licensed in good standing with the 
  4.5   board. 
  4.6      Subd. 7.  [CHANGE TO ACTIVE STATUS.] A registrant who wants 
  4.7   to change from emeritus status to active status may apply for 
  4.8   such a change by providing the board with the following: 
  4.9      (1) a completed application for relicensure, established by 
  4.10  the board; 
  4.11     (2) a nonrefundable fee, set by the board by rule; 
  4.12     (3) satisfactory evidence of completion of 40 hours of 
  4.13  continuing education which meet the requirements for license 
  4.14  renewal established in section 148.911 and related rules and 
  4.15  which are completed before the registrant submits the 
  4.16  application for relicensure; and 
  4.17     (4) endorsements by two currently practicing licensees of 
  4.18  the board, at least one of whom must be a licensed psychologist. 
  4.19     Subd. 8.  [FREQUENCY.] The board may grant an individual 
  4.20  emeritus status once. 
  4.21     Subd. 9.  [PRESENTATION TO THE PUBLIC.] An emeritus 
  4.22  registrant shall comply with the provisions of section 148.96. 
  4.23     Subd. 10.  [VIOLATION.] A registrant who violates any 
  4.24  provision of sections 148.88 to 148.98 or is convicted of a 
  4.25  crime is subject to disciplinary action by the board. 
  4.26     Subd. 11.  [GRANDPARENTING FOR EMERITUS REGISTRATION.] A 
  4.27  former licensee who otherwise meets the criteria of this section 
  4.28  but has voluntarily terminated the individual's license to 
  4.29  practice psychology in Minnesota before August 1, 1997, may 
  4.30  apply for emeritus registration before December 31, 1999. 
  4.31     Sec. 4.  Minnesota Statutes 1996, section 148.96, 
  4.32  subdivision 3, is amended to read: 
  4.33     Subd. 3.  [REQUIREMENTS FOR REPRESENTATIONS TO THE PUBLIC.] 
  4.34  (a) Unless licensed under sections 148.88 to 148.98, except as 
  4.35  provided in paragraphs (b) through ~~(d)~~ (e), persons shall not 
  4.36  present themselves or permit themselves to be presented to the 
  5.1   public by: 
  5.2      (1) using any title or description of services 
  5.3   incorporating the words "psychology," "psychological," 
  5.4   "psychological practitioner," or "psychologist"; or 
  5.5      (2) representing that the person has expert qualifications 
  5.6   in an area of psychology. 
  5.7      (b) Psychologically trained individuals who are employed by 
  5.8   an educational institution recognized by a regional accrediting 
  5.9   organization, by a federal, state, county, or local government 
  5.10  institution, agencies, or research facilities, may represent 
  5.11  themselves by the title designated by that organization. 
  5.12     (c) A psychologically trained individual from an 
  5.13  institution described in paragraph (b) may offer lecture 
  5.14  services and is exempt from the provisions of this section. 
  5.15     (d) A person who is preparing for the practice of 
  5.16  psychology under supervision in accordance with board statutes 
  5.17  and rules may be designated as a "psychological intern," 
  5.18  "psychological trainee," or by other terms clearly describing 
  5.19  the person's training status.  
  5.20     (e) Emeritus registrants may represent themselves using the 
  5.21  descriptions in paragraph (a), clauses (1) and (2), but shall 
  5.22  not present themselves or allow themselves to be presented as 
  5.23  current licensees of the board. 
  5.24     (f) Nothing in this section shall be construed to prohibit 
  5.25  the practice of school psychology by a person licensed in 
  5.26  accordance with chapter 125. 
  5.27     Sec. 5.  [EFFECTIVE DATE.] 
  5.28     Sections 1 to 4 are effective August 1, 1997.