Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Administrative Rules
5300.0100 DEFINITIONS.
Subpart 1.
Scope.
For the purpose of parts 5300.0100 to 5300.0360, unless the context otherwise requires, the following terms have the meanings given.
Subp. 2.
Advertising.
Advertising includes, but is not limited to, business solicitations, with or without limiting qualifications, in a card, sign, or device issued to a person; in a sign or marking in or on a building; or in a newspaper, magazine, directory, or other printed matter. Advertising also includes business solicitations communicated by individual, radio, video, television broadcasting, or other technological means.
Subp. 3.
Applicant.
"Applicant" means an individual seeking licensure by the Board of Marriage and Family Therapy as a marriage and family therapist.
Subp. 4.
Board.
"Board" means the Board of Marriage and Family Therapy created in Minnesota Statutes, section 148B.30, subdivision 1.
Subp. 5.
Certified professions or occupations.
"Certified professions or occupations" means those professions or occupations that have a certification process based upon specific criteria identified as necessary for effective performance of the profession or occupation. The certification process must include:
D.
assurance of practitioner competencies through mandatory recertification and continuing education requirements.
Subp. 6.
Dual relationship.
"Dual relationship" means a relationship between a therapist and another person with whom such relationships are prohibited by law or rule that is both professional and one or more of the following: cohabitational, familial, or supervisory, or that includes significant personal involvement or financial involvement other than legitimate payment for therapeutic services rendered.
Subp. 6a.
Emeritus.
"Emeritus" means retired from active practice but retaining one's license and title.
Subp. 7.
Fee splitting.
"Fee splitting" means the practice of paying commissions to colleagues for referrals.
Subp. 7a.
LAMFT.
"LAMFT" are the initials permitted to be used by a licensed associate marriage and family therapist to designate that the individual is licensed by the Board of Marriage and Family Therapy.
Subp. 9.
LMFT.
"LMFT" are the initials permitted to be used by a licensed marriage and family therapist to designate that the individual is licensed by the Board of Marriage and Family Therapy.
Subp. 10.
Marriage and family therapy.
"Marriage and family therapy" has the meaning given in Minnesota Statutes, section 148B.29, subdivision 3.
Subp. 11.
Postgraduate supervised experience.
"Postgraduate supervised experience" means supervised experience occurring after the educational institution grants the degree for licensure as shown on the applicant's transcript and all educational requirements specified in part 5300.0140 have been completed.
Subp. 12.
Regionally accredited.
"Regionally accredited" means that an educational institution has been accredited by the North Central Association of Schools and Colleges, Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, Northwest Association of Schools and Colleges, Southern Association of Colleges and Schools, Western Association of Schools and Colleges, or a postgraduate academic program in marriage and family therapy accredited by the Commission on Accreditation of the American Association for Marriage and Family Therapy.
Subp. 13.
Sexual contact.
"Sexual contact" means any of the following, whether or not occurring with the consent of a person with whom such conduct is prohibited by law or rule:
A.
sexual intercourse, cunnilingus, fellatio, anal intercourse or any intrusion, however slight, into the genital or anal openings of the body by any part of the therapist's body or by any object used by the therapist for this purpose, or any intrusion, however slight, into the genital or anal openings of the therapist's body by any part of another person's body or by any object used by another person for this purpose, if agreed to by the therapist;
B.
kissing of, or the intentional touching by the therapist of another person's genital area, groin, inner thigh, buttocks, or breast or of the clothing covering any of these body parts;
C.
kissing of, or the intentional touching by another person of the therapist's genital area, groin, inner thigh, buttocks, or breast or of the clothing covering any of these body parts if the therapist agrees to the kissing or intentional touching.
Sexual contact includes requests by the therapist for conduct described in items A to C.
Sexual contact does not include conduct described in item A or B that is a part of standard medical treatment of a patient.
Subp. 14.
Sexual harassment.
"Sexual harassment" includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when:
A.
submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or public services, education, or housing;
B.
submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment, public accommodations or public services, education, or housing; or
C.
that conduct or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or public services, education, or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, public services, educational, or housing environment; and in the case of employment, the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action.
Subp. 15.
Supervisee.
"Supervisee" means an individual who is engaged in postgraduate, supervised experience under the direction of a supervisor.
Subp. 16.
Supervision.
"Supervision" means taking full professional responsibility for training, work experience, and performance in the practice of marriage and family therapy of a supervisee, including planning for and evaluation of the work product of the supervisee, and including face-to-face contact between the supervisor and supervisee.
Subp. 17.
Supervisor.
"Supervisor" means an individual who has met the requirements in part 5300.0160, and takes responsibility for the practice of the supervisee during a specific time to enable the supervisee to meet the requirements of licensing.
Subp. 18.
Therapeutic deception.
"Therapeutic deception" means a representation by a therapist that sexual contact or unethical conduct with the therapist is consistent with or part of the professional work with a client, student, or supervisee or former client, student, or supervisee.
History:
15 SR 1782; 23 SR 1540
Published Electronically:
June 11, 2008
Official Publication of the State of Minnesota
Revisor of Statutes