Minnesota Administrative Rules

2150.7510 COMPETENT PROVISION OF SERVICES.

Subpart 1.

Limits on practice.

Providers must limit practice to the client populations and services for which they have competence or for which they are developing competence.

Subp. 2.

Developing competence.

When the provider is developing a competence in a service, method, or procedure or to treat a specific client population, the provider must obtain professional education, training, continuing education, consultation, supervision, or experience, or a combination thereof, necessary to demonstrate competence.

Subp. 3.

Experimental, emerging, or innovative services.

Providers may offer experimental, emerging, or innovative services, methods, or procedures that are based on a scientific or practice foundation. However, when doing so, providers have a heightened responsibility to understand and communicate the potential risks to clients, to use reasonable skill and safety, and to undertake appropriate preparation as required in subpart 2 to ensure that they provide such services, methods, or procedures competently and in a manner that protects clients from harm.

Subp. 4.

Limitations to scope of practice.

Providers must recognize the limitations to the scope of practice of professional counseling and professional clinical counseling. When the needs of clients appear to be outside this scope, providers must inform the clients that there may be other professional, technical, community, and administrative resources available to them. Providers must assist with identifying such resources when it is in the best interests of clients to be provided with alternative or complementary services.

Subp. 5.

Burden of proof.

Whenever a complaint is submitted to the board involving violation of subparts 1 to 4, the burden of proof is upon the provider to demonstrate that the elements of competence have reasonably been met.

Statutory Authority:

MS s 148B.52; 214.12

History:

30 SR 345; 47 SR 960

Published Electronically:

July 12, 2023