Minnesota Administrative Rules

2150.7565 ASSESSMENTS, TESTS, REPORTS.

Subpart 1.

Basis for assessments.

When providers conduct assessments, they shall meet the requirements in items A to C.

A.

They shall base their assessments on records, information, observations, and techniques sufficient to substantiate their findings.

B.

Except as permitted in item C, they shall render opinions regarding individuals only after they have conducted an examination of the individual adequate to support their statements or conclusions, unless such an examination is not practical despite reasonable efforts.

C.

They may limit their assessments to reviewing records or providing testing services when an individual examination is not warranted or necessary for the opinion requested.

Subp. 2.

Administration and interpretation of tests.

Providers shall use tests as described in items A to E.

A.

Standardized tests shall be used preferentially over nonstandardized tests.

B.

All tests must be administered and responses must be recorded, scored, and interpreted based on practice or scientific foundations.

C.

If a test is used in a nonstandard manner, the limitations of the test and the reasons for its nonstandard use must be clearly stated in the report.

D.

A test's reliability, validity, and normative data must be taken into account in its selection, use, and interpretation.

E.

The reliability and validity of test statements and interpretations in reports are the responsibility of the provider, including when automated testing services are used.

Subp. 3.

Reports.

The provision of a written or oral report, including testimony of a provider as an expert witness and letters to third parties concerning the psychological or emotional health or state of a client, must be based on information and techniques sufficient to substantiate their findings. Providers shall be fair and accurate and shall guard against making unsubstantiated statements or providing unsubstantiated opinions, interpretations, or recommendations in their reports. The report must include:

A.

a description of all assessments, evaluations, or other procedures, including materials reviewed, upon which the provider's conclusions are based;

B.

any reservations or qualifications concerning the validity or reliability of the opinions and conclusions formulated and recommendations made, taking into account the conditions under which the procedures were carried out, including any nonstandard use of a test, the limitations of scientific procedures and descriptions, base rate and baseline considerations, and the impossibility of absolute predictions;

C.

a statement concerning any discrepancy, disagreement, or inconsistent or conflicting information regarding the circumstances of the case that may have a bearing on the provider's conclusions;

D.

a statement of the nature of and reasons for any use of a test that differs from the purposes, populations, or referral questions for which it has been designed or validated, or that is administered, recorded, scored, or interpreted in other than a standard and objective manner; and

E.

a statement indicating whenever any test interpretations or report conclusions are not based on direct contact between the provider and the client.

Subp. 4.

Private information.

A test result or interpretation regarding an individual is private information.

Statutory Authority:

MS s 148B.52

History:

30 SR 345

Published Electronically:

July 25, 2007