SF 2377

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/22/2016 08:57am

A bill for an act
relating to health occupations; extending the duty to warn to alcohol and
drug counseling practicum students and postdegree professional practice,
to individuals who are completing their postdegree supervised employment
in preparation for licensure as a licensed psychologist, and to students and
interns practicing marriage and family therapy under supervision as required for
licensure; amending Minnesota Statutes 2014, sections 148.975, subdivision 1;
148B.1751; 148F.13, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 148.975, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "Other person" means an immediate family member or someone who personally
knows the client and has reason to believe the client is capable of and will carry out the
serious, specific threat of harm to a specific, clearly identified or identifiable victim.

(c) "Reasonable efforts" means communicating the serious, specific threat to the
potential victim and if unable to make contact with the potential victim, communicating
the serious, specific threat to the law enforcement agency closest to the potential victim or
the client.

new text begin (d) For purposes of this section, "licensee" includes practicum psychology students,
predoctoral psychology interns, and individuals who have earned a doctoral degree
in psychology and are in the process of completing their postdoctoral supervised
psychological employment in order to qualify for licensure.
new text end

Sec. 2.

Minnesota Statutes 2014, section 148B.1751, is amended to read:

148B.1751 DUTY TO WARN.

new text begin (a) new text end A licensee must comply with the duty to warn established in section 148.975.

new text begin (b) For purposes of this section, "licensee" includes students or interns practicing
marriage and family therapy under qualified supervision as part of an accredited
educational program or under a supervised postgraduate experience in marriage and
family therapy required for licensure.
new text end

Sec. 3.

Minnesota Statutes 2014, section 148F.13, subdivision 2, is amended to read:

Subd. 2.

Duty to warn; limitation on liability.

new text begin (a) new text end Private information may be
disclosed without the consent of the client when a duty to warn arises, or as otherwise
provided by law or court order. The duty to warn of, or take reasonable precautions to
provide protection from, violent behavior arises only when a client or other person has
communicated to the provider a specific, serious threat of physical violence to self or a
specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty
is discharged by the provider if reasonable efforts are made to communicate the threat to
law enforcement agencies, the potential victim, the family of the client, or appropriate
third parties who are in a position to prevent or avert the harm. No monetary liability
and no cause of action or disciplinary action by the board may arise against a provider
for disclosure of confidences to third parties, for failure to disclose confidences to third
parties, or for erroneous disclosure of confidences to third parties in a good faith effort to
warn against or take precautions against a client's violent behavior or threat of suicide.

new text begin (b) For purposes of this subdivision, "provider" includes alcohol and drug counseling
practicum students and individuals who are participating in a postdegree professional
practice in alcohol and drug counseling.
new text end