|148C.02||Alcohol and drug counselors licensing advisory council.|
|148C.03||Duties of commissioner.|
|148C.035||Repealed, 1995 c 164 s 35|
|148C.0351||Procedures for admission to licensure.|
|148C.04||Requirements for licensure.|
|148C.05||License renewal requirements; lapse.|
|148C.08||Nontransferability of licenses.|
|148C.09||Denial, suspension, or revocation of license.|
|148C.099||Investigations; professional cooperation; exchanging information.|
|148C.10||Prohibition against unlicensed practice or use of titles; penalty.|
|148C.11||Exceptions to license requirement.|
Subd. 2. Alcohol and drug counselor. "Alcohol and drug counselor" or "counselor" means a person who:
(1) uses, as a representation to the public, any title, initials, or description of services incorporating the words "alcohol and drug counselor";
(2) offers to render professional alcohol and drug counseling services relative to the abuse of or the dependency on alcohol or other drugs to the general public or groups, organizations, corporations, institutions, or government agencies for compensation, implying that the person is licensed and trained, experienced or expert in alcohol and drug counseling;
(3) holds a valid license issued under sections 148C.01 to 148C.11 to engage in the practice of alcohol and drug counseling; or
(4) is an applicant for an alcohol and drug counseling license.
Subd. 3. Repealed by amendment, 1995 c 164 s 3
Subd. 4. Dependency. "Dependency" means a maladaptive pattern of substance use, leading to clinically significant impairment or distress, as manifested by three or more of the following occurring at any time in the same 12-month period:
(a) tolerance, as defined by either of the following:
(1) a need for markedly increased amounts of the substance to achieve intoxication or desired effect; or
(2) a markedly diminished effect with continued use of the same amount of the substance;
(b) withdrawal, as manifested by either of the following:
(1) the characteristic withdrawal syndrome for the substance, as referred to in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders; or
(2) the same or closely related substance is taken to relieve or avoid withdrawal symptoms;
(c) the substance is often taken in larger amounts or over a longer period than was intended;
(d) a persistent desire or unsuccessful efforts to cut down or control substance use;
(e) a great deal of time is spent in activities necessary to obtain the substance, use the substance, or recover from its effects;
(f) important social, occupational, or recreational activities are given up or reduced because of the substance use; or
(g) substance use continues despite knowledge of having had a persistent or recurrent physical or psychological problem that was likely to have been caused or exacerbated by the substance.
Subd. 5. Abuse. "Abuse" means a maladaptive pattern of substance use leading to clinically significant impairment or distress, as manifested by one or more of the following occurring at any time during the same 12-month period:
(1) recurrent substance use resulting in a failure to fulfill major role obligations at work, school, or home;
(2) recurrent substance use in situations in which it is physically hazardous;
(3) recurrent substance-related legal problems; and
(4) continued substance use despite having persistent or recurrent social or interpersonal problems caused or exacerbated by the effects of the substance.
For substance use to be considered abuse, the individual must never have met the criteria for dependence in subdivision 4 for the class of substance in question.
Subd. 6. Commissioner. "Commissioner" means the commissioner of health, or a designee.
Subd. 7. Accredited school or educational program. "Accredited school or educational program" means a school of alcohol and drug counseling, university, college, or other post-secondary education program that, at the time the student completes the program, is accredited by a regional accrediting association whose standards are substantially equivalent to those of the North Central Association of Colleges and Post-Secondary Education Institutions or an accrediting association that evaluates schools of alcohol and drug counseling for inclusion of the education, practicum, and core function standards in this chapter.
Subd. 8. Repealed, 1995 c 164 s 35
Subd. 9. Core functions. "Core functions" means the following services provided in alcohol and drug treatment:
(1) "Screening" means the process by which a client is determined appropriate and eligible for admission to a particular program.
(2) "Intake" means the administrative and initial assessment procedures for admission to a program.
(3) "Orientation" means describing to the client the general nature and goals of the program; rules governing client conduct and infractions that can lead to disciplinary action or discharge from the program; in a nonresidential program, the hours during which services are available; treatment costs to be borne by the client, if any; and client's rights.
(4) "Assessment" means those procedures by which a counselor identifies and evaluates an individual's strengths, weaknesses, problems, and needs to develop a treatment plan or make recommendations for level of care placement.
(5) "Treatment planning" means the process by which the counselor and the client identify and rank problems needing resolution; establish agreed upon immediate and long-term goals; and decide on a treatment process and the sources to be utilized.
(6) "Counseling" means the utilization of special skills to assist individuals, families, or groups in achieving objectives through exploration of a problem and its ramifications; examination of attitudes and feelings; consideration of alternative solutions; and decision making.
(7) "Case management" means activities which bring services, agencies, resources, or people together within a planned framework of action toward the achievement of established goals.
(8) "Crisis intervention" means those services which respond to an alcohol or other drug user's needs during acute emotional or physical distress.
(9) "Client education" means the provision of information to clients who are receiving or seeking counseling concerning alcohol and other drug abuse and the available services and resources.
(10) "Referral" means identifying the needs of the client which cannot be met by the counselor or agency and assisting the client to utilize the support systems and available community resources.
(11) "Reports and recordkeeping" means charting the results of the assessment and treatment plan, writing reports, progress notes, discharge summaries, and other client-related data.
(12) "Consultation with other professionals regarding client treatment and services" means communicating with other professionals in regard to client treatment and services to assure comprehensive, quality care for the client.
Subd. 10. Practice of alcohol and drug counseling. "Practice of alcohol and drug counseling" means the observation, description, evaluation, interpretation, and modification of human behavior as it relates to the harmful or pathological use or abuse of alcohol or other drugs by the application of the core functions. The practice of alcohol and drug counseling includes, but is not limited to, the following activities, regardless of whether the counselor receives compensation for the activities:
(1) assisting clients who use alcohol or drugs, evaluating that use, and recognizing dependency if it exists;
(2) assisting clients with alcohol or other drug problems to gain insight and motivation aimed at resolving those problems;
(3) providing experienced professional guidance, assistance, and support for the client's efforts to develop and maintain a responsible functional lifestyle;
(4) recognizing problems outside the scope of the counselor's training, skill, or competence and referring the client to other appropriate professional services;
(5) assessing the level of alcohol or other drug use involvement;
(6) individual planning to prevent a return to harmful alcohol or chemical use;
(7) alcohol and other drug abuse education for clients;
(8) consultation with other professionals;
(9) gaining cultural competence through ongoing training and education according to standards established by rule; and
(10) providing the above services, as needed, to family members or others who are directly affected by someone using alcohol or other drugs.
Subd. 11. Sexual contact. "Sexual contact" means contact as defined in section 148A.01 with a client or former client, or engaging in contact that may reasonably be interpreted by a client as sexual, or engaging in any verbal behavior that is seductive or sexually demeaning to the client, or engaging in sexual exploitation of a client or former client.
Subd. 12. Supervised alcohol and drug counseling experience. Except during the transition period, "supervised alcohol and drug counseling experience" means practical experience gained by a student, volunteer, or intern, and supervised by a person either licensed under this chapter or exempt under its provisions; either before, during, or after the student completes a program from an accredited school or educational program of alcohol and drug counseling.
Subd. 13. Alcohol and drug counseling practicum. "Alcohol and drug counseling practicum" means formal experience gained by a student and supervised by a person either licensed under this chapter or exempt under its provisions, in an accredited school or educational program of alcohol and drug counseling as part of the education requirements of this chapter.
Subd. 14. Applicant. "Applicant" means a person seeking a license under this chapter.
Subd. 15. Client. "Client" means an individual who is the recipient of any of the alcohol and drug counseling services described in this section.
Subd. 16. Compensation. "Compensation" means a fee, salary, reward, payment, or the expectation of payment from a client or a client's agent, insurer, employer, or other representative for providing alcohol and drug counseling services. Compensation does not include bartering for services.
Subd. 17. Alcohol and drug counselor internship. "Alcohol and drug counselor internship" means supervised, practical, on-the-job training as an intern, volunteer, or employee in alcohol and drug counseling.
Subd. 18. Psychometrically valid and reliable. "Psychometrically valid and reliable" means developed on the basis of role delineation, validation, reliability, passing point, and sensitivity review factors, according to generally accepted standards.
148C.015 Scope; definitions.
Before engaging in the practice of alcohol and drug counseling as defined in section 148C.01, all persons, except as provided in section 148C.11, regardless of their titles, must obtain a license as provided in this chapter.
HIST: 1995 c 164 s 4
148C.02 Alcohol and drug counselors licensing advisory council.
Subdivision 1. Membership. The alcohol and drug counselors licensing advisory council consists of 13 members. The commissioner shall appoint:
(1) except for those members initially appointed, seven members who must be licensed alcohol and drug counselors;
(2) three members who must be public members as defined by section 214.02;
(3) one member who must be a director or coordinator of an accredited alcohol and drug dependency training program; and
(4) one member who must be a former consumer of alcohol and drug dependency counseling service and who must have received the service more than three years before the person's appointment.
The American Indian advisory committee to the department of human services chemical dependency office shall appoint the remaining member.
Subd. 2. Duties. The advisory council shall:
(1) provide advice and recommendations to the commissioner on the development of rules for the licensure of alcohol and drug counselors;
(2) provide advice and recommendations to the commissioner on the development of standards and procedures for the competency testing, licensing, and review of alcohol and drug counselors' professional conduct;
(3) provide advice and recommendations to the commissioner in disciplinary cases in the areas of counselor competency issues, counselor practice issues, and counselor impairment issues.
Subd. 3. Terms. The terms, compensation, and removal of members shall be as provided in section 15.059, except that notwithstanding any contrary law, the advisory council shall not expire.
148C.03 Duties of commissioner.
Subdivision 1. General. The commissioner shall, after consultation with the advisory council or a committee established by rule:
(a) adopt and enforce rules for licensure of alcohol and drug counselors, including establishing standards and methods of determining whether applicants and licensees are qualified under section 148C.04. The rules must provide for examinations and establish standards for the regulation of professional conduct. The rules must be designed to protect the public;
(b) develop and, at least twice a year, administer an examination to assess applicants' knowledge and skills. The commissioner may contract for the administration of an examination with an entity designated by the commissioner. The examinations must be psychometrically valid and reliable; must be written and oral, with the oral examination based on a written case presentation; must minimize cultural bias; and must be balanced in various theories relative to the practice of alcohol and drug counseling;
(d) issue copies of the rules for licensure to all applicants;
(e) adopt rules to establish and implement procedures, including a standard disciplinary process and rules of professional conduct;
(f) carry out disciplinary actions against licensees;
(g) establish, with the advice and recommendations of the advisory council, written internal operating procedures for receiving and investigating complaints and for taking disciplinary actions as appropriate;
(h) educate the public about the existence and content of the rules for alcohol and drug counselor licensing to enable consumers to file complaints against licensees who may have violated the rules;
(i) evaluate the rules in order to refine and improve the methods used to enforce the commissioner's standards; and
(j) set, collect, and adjust license fees for alcohol and drug counselors so that the total fees collected will as closely as possible equal anticipated expenditures during the biennium, as provided in section 16A.1285; fees for initial and renewal application and examinations; late fees for counselors who submit license renewal applications after the renewal deadline; and a surcharge fee. The surcharge fee must include an amount necessary to recover, over a five-year period, the commissioner's direct expenditures for the adoption of the rules providing for the licensure of alcohol and drug counselors. All fees received shall be deposited in the state treasury and credited to the special revenue fund.
Subd. 2. Repealed, 1995 c 164 s 35
Subd. 3. Repealed, 1995 c 164 s 35
Subd. 4. Professional accountability. The commissioner shall maintain and keep current a file containing the reports and complaints filed against alcohol and drug counselors within the commissioner's jurisdiction.
148C.035 Repealed, 1995 c 164 s 35
148C.0351 Procedures for admission to licensure.
Subdivision 1. Application forms. Unless exempted under section 148C.11, a person who practices alcohol and drug counseling in Minnesota must:
(1) apply to the commissioner for a license to practice alcohol and drug counseling on forms provided by the commissioner;
(2) include with the application a statement that the statements in the application are true and correct to the best of the applicant's knowledge and belief;
(3) include with the application a nonrefundable application fee specified by the commissioner;
(4) include with the application information describing the applicant's experience, including the number of years and months the applicant has practiced alcohol and drug counseling as defined in section 148C.01;
(5) include with the application the applicant's business address and telephone number, or home address and telephone number if the applicant conducts business out of the home, and if applicable, the name of the applicant's supervisor, manager, and employer;
(6) include with the application a written and signed authorization for the commissioner to make inquiries to appropriate state regulatory agencies and private credentialing organizations in this or any other state where the applicant has practiced alcohol and drug counseling; and
(7) complete the application in sufficient detail for the commissioner to determine whether the applicant meets the requirements for filing. The commissioner may ask the applicant to provide additional information necessary to clarify incomplete or ambiguous information submitted in the application.
Subd. 2. Fee for late renewal. A licensee must pay a late fee and the renewal fee set by rule.
Subd. 3. Requirement to maintain current information. An alcohol and drug counselor must notify the commissioner within 30 days of the occurrence of any of the following:
(1) a change of name, address, place of employment, and home or business telephone number; and
(2) a settlement or award based on negligent or intentional acts committed in providing alcohol and drug counseling services.
HIST: 1995 c 164 s 8
148C.04 Requirements for licensure.
Subd. 2. Fee. Each applicant shall pay a nonrefundable fee set by the commissioner pursuant to section 148C.03. Fees paid to the commissioner shall be deposited in the special revenue fund.
Subd. 3. Licensing requirements for the first five years. For five years after the effective date of the rules authorized in section 148C.03, the applicant, unless qualified under section 148C.06 during the 25-month period authorized therein, under section 148C.07, or under subdivision 4, must furnish evidence satisfactory to the commissioner that the applicant has met all the requirements in clauses (1) to (3). The applicant must have:
(1) received an associate degree, or an equivalent number of credit hours, and a certificate in alcohol and drug counseling including 270 clock hours of alcohol and drug counseling classroom education from an accredited school or educational program and 880 clock hours of supervised alcohol and drug counseling practicum;
(2) completed a written case presentation and satisfactorily passed an oral examination that demonstrates competence in the core functions; and
(3) satisfactorily passed a written examination as established by the commissioner.
Subd. 4. Licensing requirements after five years. Beginning five years after the effective date of the rules authorized in section 148C.03, subdivision 1, an applicant for licensure must submit evidence to the commissioner that the applicant has met one of the following requirements:
(1) the applicant must have:
(i) received a bachelor's degree from an accredited school or educational program, including 480 clock hours of alcohol and drug counseling education from an accredited school or educational program and 880 clock hours of supervised alcohol and drug counseling practicum;
(ii) completed a written case presentation and satisfactorily passed an oral examination that demonstrates competence in the core functions; and
(iii) satisfactorily passed a written examination as established by the commissioner; or
(2) the applicant must meet the requirements of section 148C.07.
Subd. 5. Repealed, 2000 c 460 s 66
Subd. 6. Temporary practice requirements. (a) A person may temporarily practice alcohol and drug counseling prior to being licensed under this chapter if the person:
(i) meets the associate degree education and practicum requirements of subdivision 3, clause (1);
(ii) meets the bachelor's degree education and practicum requirements of subdivision 4, clause (1), item (i); or
(iii) submits verification of a current and unrestricted credential for the practice of alcohol and drug counseling from a national certification body or a certification or licensing body from another state, United States territory, or federally recognized tribal authority;
(2) requests, in writing, temporary practice status with the commissioner on an application form according to section 148C.0351, which includes the nonrefundable license fee and an affirmation by the person's supervisor, as defined in paragraph (b), clause (1), and which is signed and dated by the person and the person's supervisor;
(3) has not been disqualified to practice temporarily on the basis of a background investigation under section 148C.09, subdivision 1a; and
(4) has been notified in writing by the commissioner that the person is qualified to practice under this subdivision.
(b) A person practicing under this subdivision:
(1) may practice only in a program licensed by the department of human services and under the direct, on-site supervision of a person who is licensed under this chapter and employed in that licensed program;
(2) is subject to the rules of professional conduct set by rule; and
(3) is not subject to the continuing education requirements of section 148C.05.
(c) A person practicing under this subdivision may not use with the public any title or description stating or implying that the person is licensed to engage in the practice of alcohol and drug counseling.
(d) The temporary status of a person applying for temporary practice under this subdivision expires on the date the commissioner grants or denies licensing.
Subd. 7. Effect and suspension of temporary practice. Approval of a person's application for temporary practice creates no rights to or expectation of approval from the commissioner for licensure as an alcohol and drug counselor. The commissioner may suspend or restrict a person's temporary practice status according to section 148C.09.
148C.05 License renewal requirements; lapse.
Subdivision 1. Renewal requirements. To renew a license, an applicant must:
(1) complete a renewal application every two years on a form provided by the commissioner and submit the biennial renewal fee by the deadline; and
(2) submit additional information if requested by the commissioner to clarify information presented in the renewal application. This information must be submitted within 30 days of the commissioner's request.
Subd. 2. Continuing education. At the time of renewal, if required, each licensee shall furnish evidence satisfactory to the commissioner that the licensee has completed at least the equivalent of 40 clock hours of continuing professional education during the past two years, in programs which meet the requirements in the rules authorized by this chapter. The commissioner shall seek advice from the advisory council and the committees established by the rules in determining whether a continuing education program meets the requirements.
Subd. 3. Late renewals. The deadline to renew licensure is the date set by the commissioner. An application submitted after that date but before the renewal deadline shall be a late renewal and must be accompanied by a late fee as required in section 148C.0351, subdivision 2.
Subd. 4. Lapse in licensure. An applicant's license shall lapse if the renewal application is not received by the date set by the commissioner. An applicant whose license has lapsed less than two years must meet all the requirements of this chapter except the examination requirements of section 148C.04. An applicant whose license has lapsed for two years or more must meet all the requirements of this chapter except the continuing education requirement of subdivision 2. License renewal fees of applicants whose license has lapsed shall not be prorated over the time remaining in the annual licensure period.
148C.06 Transition period.
Subdivision 1. Qualifications. For 25 months from the effective date of the rules authorized in section 148C.03, subdivision 1, the commissioner shall issue a license to an applicant if the applicant meets one of the following qualifications:
(a) is credentialed as a certified chemical dependency counselor (CCDC) or certified chemical dependency counselor reciprocal (CCDCR) by the Institute for Chemical Dependency Professionals of Minnesota, Inc.; graduates from an accredited school or education program with a certificate of completion in alcohol and drug counselor studies that includes a minimum of 270 clock hours of formal classroom education and 880 clock hours of alcohol and drug counselor internship and passes both the written and oral examinations according to this chapter; or has 2,080 hours of supervised alcohol and drug counselor experience, 270 clock hours of alcohol and drug counselor training with a minimum of 60 hours of the training occurring within the past five years, and 300 hours of alcohol and drug counselor internship and successfully completes the examination requirements in section 148C.04, subdivision 3, clauses (2) and (3);
(b) has 6,000 hours of supervised alcohol and drug counselor experience as defined by the core functions, 270 clock hours of alcohol and drug counselor training with a minimum of 60 hours of this training occurring within the past five years, 300 hours of alcohol and drug counselor internship, and has successfully completed the examination requirements in section 148C.04, subdivision 3, clauses (2) and (3);
(c) has 10,000 hours of supervised alcohol and drug counselor experience as defined by the core functions, 270 clock hours of alcohol and drug training with a minimum of 60 hours of this training occurring within the past five years, and has successfully completed the requirements in section 148C.04, subdivision 3, clause (2) or (3), or is credentialed as a certified chemical dependency practitioner (CCDP) by the Institute for Chemical Dependency Professionals of Minnesota, Inc.; or
(d) has 14,000 hours of supervised alcohol and drug counselor experience as defined by the core functions and 270 clock hours of alcohol and drug training with a minimum of 60 hours of this training occurring within the past five years.
Subd. 2. Documentation of status; certain applicants. (a) A licensure applicant under subdivision 1, paragraphs (a) and (c), may document certified status by submitting to the commissioner an original and current certificate issued by an international certification and reciprocity consortium board in this or another jurisdiction.
(b) A licensure applicant under subdivision 1, paragraphs (b) and (c), must be deemed eligible for licensure within the transition period, provided the applicant:
(1) made the application to the administrator of the exam or exams required by the commissioner before January 28, 2000;
(2) passed the required examinations before January 28, 2001; and
(3) meets all other requirements for licensure under this section.
The commissioner shall issue an appropriate license to an individual who holds a current license or other credential to engage in alcohol and drug counseling from another jurisdiction if the commissioner finds that the requirements for that credential are substantially similar to the requirements in sections 148C.01 to 148C.11.
148C.08 Nontransferability of licenses.
An alcohol and drug counselor license is not transferable.
148C.09 Denial, suspension, or revocation of license.
Subdivision 1. Grounds. The commissioner may refuse to grant a license to, or may suspend, revoke, or restrict the license of an individual if the commissioner determines that a licensee or applicant:
(1) is incompetent to engage in alcohol and drug counseling practice or is found to be engaged in alcohol and drug counseling practice in a manner harmful or dangerous to a client or the public;
(2) has violated the rules of the commissioner or the statutes the commissioner is empowered to enforce; or any law, rule order, stipulation and consent order, agreement, or settlement;
(3) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent misrepresentation;
(4) has knowingly made a false statement on the form required to be submitted to the commissioner for licensing or license renewal;
(5) has failed to obtain continuing education credits required by the commissioner;
(6) has failed to demonstrate the qualifications or satisfy the requirements for a license contained in this chapter or rules of the commissioner. The burden of proof shall be upon the applicant to demonstrate qualifications or satisfaction of requirements;
(7) has been convicted of a crime, including a finding or verdict of guilt, an admission of guilt, or a no contest plea, in any court in Minnesota or any other jurisdiction in the United States, reasonably related to the provision of alcohol and drug counseling services. Conviction, as used in this subdivision, includes conviction of an offense which, if committed in this state, would be deemed a felony or gross misdemeanor without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is made or returned but the adjudication of guilt is either withheld or not entered;
(8) has been convicted of a crime against another person. For purposes of this chapter, a crime against another person means an offense listed in section 148B.68, subdivision 1, paragraph (b);
(9) has failed to comply with the self-reporting requirements of section 148C.095, subdivision 7;
(10) has engaged in sexual contact with a client, or a former client, as defined in section 148A.01, or has engaged in conduct that may be reasonably interpreted by a client as sexual, or has engaged in any verbal behavior that is seductive or sexually demeaning to the client, or has engaged in sexual exploitation of a client or former client;
(11) has engaged in false, fraudulent, deceptive, or misleading advertising;
(12) has engaged in conduct likely to deceive, defraud, or harm the public; or has demonstrated a willful or careless disregard for the health, welfare, or safety of a client; or any other practice that may create unnecessary danger to any client's life, health, or safety, in any of which cases, proof of actual injury need not be established;
(13) has been adjudicated as mentally incompetent, or as a person who has a psychopathic personality, or who is dangerous to self, or has been adjudicated as chemically dependent, mentally ill, mentally retarded, or mentally ill and dangerous to the public pursuant to chapter 253B;
(14) is unable to provide alcohol and drug counseling services with reasonable safety to clients;
(15) has habitually overindulged in the use of or the dependence on alcohol within the past two years;
(16) has engaged in the improper or unauthorized personal or other use of any legend drugs as defined in section 151.01, any chemicals as defined in section 151.01, or any controlled substance as defined in section 152.01 within the past two years;
(17) reveals a communication from, or relating to, a client except when required or permitted by law;
(18) fails to comply with a client's request for health records made under section 144.335, or to furnish a client record or report required by law;
(19) has engaged in fee splitting or promises to pay a portion of a fee to any other professional other than for services rendered by the other professional to the client;
(20) has engaged in abusive or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws;
(21) fails to make reports as required by section 148C.095, or cooperate with an investigation of the commissioner;
(22) obtains money, property, or services from a client, other than reasonable fees for services provided to the client, through the use of undue influence, harassment, duress, deception, or fraud;
(23) undertakes or continues a professional relationship with a client in which the objectivity of the alcohol and drug counselor may be impaired;
(24) engages in conduct that constitutes grounds for discipline as established by the commissioner in rule; or
(25) engages in bartering for services with a client.
Subd. 1a. Background investigation. The applicant must sign a release authorizing the commissioner to obtain information from the bureau of criminal apprehension, the Federal Bureau of Investigation, the office of mental health practice, the department of human services, the office of health facilities complaints, and other agencies specified in the rules. After the commissioner has given written notice to an individual who is the subject of a background investigation, the agencies shall assist the commissioner with the investigation by giving the commissioner criminal conviction data, reports about substantiated maltreatment of minors and vulnerable adults, and other information specified in the rules. The commissioner may contract with the commissioner of human services to obtain criminal history data from the bureau of criminal apprehension.
Subd. 2. Appeal; restoring a license. If a license is denied, suspended, restricted, or revoked, an applicant or licensee may request a hearing under the contested case provisions of chapter 14. The commissioner may, for good cause demonstrated by the applicant or counselor, grant a license previously refused, restore a license that has been revoked, or reduce a period of suspension or restriction of a license. The commissioner may impose any conditions or limitations as the commissioner deems reasonable.
Subd. 3. Repealed, 1995 c 164 s 35
Subd. 4. Evidence. In disciplinary actions alleging violations of subdivision 1, paragraph (7), (8), (13), or (14), a copy of the judgment or proceedings under the seal of the court administrator or of the administrative agency that entered the judgment or proceeding is admissible into evidence without further authentication and constitutes prima facie evidence of its contents.
148C.091 Disciplinary actions.
Subdivision 1. Forms of disciplinary action. When the commissioner finds that an applicant or a licensed alcohol and drug counselor has violated a provision or provisions of sections 148C.01 to 148C.11, or rules promulgated under this chapter, the commissioner may take one or more of the following actions:
(1) refuse to grant a license;
(2) revoke the license;
(3) suspend the license;
(4) impose limitations or conditions;
(5) impose a civil penalty not exceeding $10,000 for each separate violation, the amount of the civil penalty to be fixed so as to deprive the counselor of any economic advantage gained by reason of the violation charged or to reimburse the commissioner for all costs of the investigation and proceeding; including, but not limited to, the amount paid by the commissioner for services from the office of administrative hearings, attorney fees, court reports, witnesses, reproduction of records, advisory council members' per diem compensation, staff time, and expense incurred by advisory council members and staff of the department;
(6) order the counselor to provide uncompensated professional service under supervision at a designated public hospital, clinic, or other health care institution;
(7) censure or reprimand the counselor; or
(8) any other action justified by the case.
Subd. 2. Discovery; subpoenas. In all matters relating to the commissioner's investigation and enforcement activities related to alcohol and drug counselors, the commissioner of health may issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, records, documents, and other evidentiary materials. Any person failing or refusing to appear or testify regarding any matter about which the person may be lawfully questioned or failing to produce any papers, books, records, documents, or other evidentiary materials in the matter to be heard, after having been required by order of the commissioner or by a subpoena of the commissioner to do so may, upon application by the commissioner to the district court in any district, be ordered to comply with the order or subpoena. The commissioner may administer oaths to witnesses or take their affirmation. Depositions may be taken within or without the state in the manner provided by law for the taking of depositions in civil actions. A subpoena or other process or paper may be served upon a person it names anywhere within the state by any officer authorized to serve subpoenas or other process or paper in civil actions in the same manner as prescribed by law for service of process issued out of the district court of this state.
Subd. 3. Temporary suspension. In addition to any other remedy provided by law, the commissioner may, without a hearing, temporarily suspend the right of an alcohol and drug counselor to practice if the commissioner finds that the counselor has violated a statute or rule that the commissioner has authority to enforce and that continued practice by the practitioner would create a serious risk of harm to others. The suspension takes effect upon service of a written order on the practitioner specifying the statute or rule violated. The order remains in effect until the commissioner issues a final order in the matter after a hearing or upon agreement between the commissioner and the counselor. Service of the order is effective if the order is served on the counselor or the counselor's attorney either personally or by first class mail. Within ten days of service of the order, the commissioner shall hold a hearing on the sole issue of whether there is a reasonable basis to continue, modify, or lift the suspension. Evidence presented by the commissioner or counselor must be by affidavit only. The counselor or the counselor's attorney of record may appear for oral argument. Within five working days after the hearing, the commissioner shall issue an order and, if the suspension is continued, schedule a contested case hearing within 45 days after issuance of the order. The administrative law judge shall issue a report within 30 days after closing of the contested case hearing record. The commissioner shall issue a final order within 30 days after receipt of that report, the hearing record, and any exceptions to the report filed by the parties.
Subd. 4. Automatic suspension. The right to practice is automatically suspended if (1) a guardian of an alcohol and drug counselor is appointed by order of a district court under sections 525.54 to 525.61, or (2) the counselor is committed by order of a district court under chapter 253B. The right to practice remains suspended until the counselor is restored to capacity by a court and, upon petition by the counselor, the suspension is terminated by the commissioner after a hearing or upon agreement between the commissioner and the counselor.
148C.093 Additional remedies.
Subdivision 1. Cease and desist. The commissioner may issue a cease and desist order to stop a person from violating or threatening to violate a statute, rule, or order which the commissioner has issued or has authority to enforce. The cease and desist order must state the reason for its issuance and give notice of the person's right to request a hearing under sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order fails to request a hearing in writing, the order is the final order of the commissioner and is not reviewable by a court or agency.
A hearing must be initiated by the commissioner not later than 30 days from the date of the commissioner's receipt of a written hearing request. Within 30 days of receipt of the administrative law judge's report, and any written agreement or exceptions filed by the parties, the commissioner shall issue a final order modifying, vacating, or making permanent the cease and desist order as the facts require. The final order remains in effect until modified or vacated by the commissioner.
When a request for a stay accompanies a timely hearing request, the commissioner may, in the commissioner's discretion, grant the stay. If the commissioner does not grant a requested stay, the commissioner shall refer the request to the office of administrative hearings within three working days of receipt of the request. Within ten days after receiving the request from the commissioner, an administrative law judge shall issue a recommendation to grant or deny the stay. The commissioner shall grant or deny the stay within five working days of receiving the administrative law judge's recommendation.
In the event of noncompliance with a cease and desist order, the commissioner may institute a proceeding in district court to obtain injunctive relief or other appropriate relief, including a civil penalty payable to the commissioner not exceeding $10,000 for each separate violation.
Subd. 2. Injunctive relief. In addition to any other remedy provided by law, including the issuance of a cease and desist order under subdivision 1, the commissioner may in the commissioner's own name bring an action in district court for injunctive relief to restrain an alcohol and drug counselor from a violation or threatened violation of any statute, rule, or order which the commissioner has authority to administer, enforce, or issue.
Subd. 3. Additional powers. The issuance of a cease and desist order or injunctive relief granted under this section does not relieve a counselor from criminal prosecution by a competent authority or from disciplinary action by the commissioner.
HIST: 1995 c 164 s 19
148C.095 Reporting obligations.
Subdivision 1. Permission to report. A person who has knowledge of any conduct constituting grounds for disciplinary action relating to the practice of alcohol and drug counseling under this chapter may report the violation to the commissioner.
Subd. 2. Institutions. A state agency, political subdivision, agency of a local unit of government, private agency, hospital, clinic, prepaid medical plan, or other health care institution or organization located in this state shall report to the commissioner any action taken by the agency, institution, or organization or any of its administrators or medical or other committees to revoke, suspend, restrict, or condition an alcohol and drug counselor's privilege to practice or treat patients or clients in the institution, or as part of the organization, any denial of privileges, or any other disciplinary action for conduct that might constitute grounds for disciplinary action by the commissioner under this chapter. The institution, organization, or governmental entity shall also report the resignation of any alcohol and drug counselors before the conclusion of any disciplinary action proceeding for conduct that might constitute grounds for disciplinary action under this chapter, or before the commencement of formal charges but after the practitioner had knowledge that formal charges were contemplated or were being prepared.
Subd. 3. Professional societies. A state or local professional society for alcohol and drug counselors shall report to the commissioner any termination, revocation, or suspension of membership or any other disciplinary action taken against an alcohol and drug counselor. If the society has received a complaint that might be grounds for discipline under this chapter against a member on which it has not taken any disciplinary action, the society shall report the complaint and the reason why it has not taken action on it or shall direct the complainant to the commissioner.
Subd. 4. Licensed professionals. A licensed health professional shall report to the commissioner personal knowledge of any conduct that the licensed health professional reasonably believes constitutes grounds for disciplinary action under this chapter by an alcohol and drug counselor, including conduct indicating that the individual may be medically incompetent, or may be medically or physically unable to engage safely in the provision of services. If the information was obtained in the course of a client relationship, the client is an alcohol and drug counselor, and the treating individual successfully counsels the alcohol and drug counselor to limit or withdraw from practice to the extent required by the impairment, the commissioner may deem this limitation of or withdrawal from practice to be sufficient disciplinary action.
Subd. 5. Insurers. Each insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13), and providing professional liability insurance to alcohol and drug counselors or the medical joint underwriting association under chapter 62F, shall submit to the commissioner quarterly reports concerning the alcohol and drug counselors against whom malpractice settlements and awards have been made. The report must contain at least the following information:
(1) the total number of malpractice settlements or awards made;
(2) the date the malpractice settlements or awards were made;
(3) the allegations contained in the claim or complaint leading to the settlements or awards made;
(4) the dollar amount of each settlement or award;
(5) the address of the practice of the alcohol and drug counselor against whom an award was made or with whom a settlement was made; and
(6) the name of the alcohol and drug counselor against whom an award was made or with whom a settlement was made.
The insurance company shall, in addition to the above information, submit to the commissioner any information, records, and files, including clients' charts and records, it possesses that tend to substantiate a charge that a licensed alcohol and drug counselor may have engaged in conduct violating this chapter.
Subd. 6. Self-reporting. An alcohol and drug counselor shall report to the commissioner any personal action that would require that a report be filed with the commissioner by any person, health care facility, business, or organization under subdivisions 2 to 5. The alcohol and drug counselor shall also report the revocation, suspension, restriction, limitation, or other disciplinary action in this state and report the filing of charges regarding the practitioner's license or right of practice in another state or jurisdiction.
Subd. 7. Deadlines; forms. Reports required by subdivisions 2 to 6 must be submitted no later than 30 days after the reporter learns of the occurrence of the reportable event or transaction. The commissioner may provide forms for the submission of the reports required by this section, may require that reports be submitted on the forms provided, and may adopt rules necessary to assure prompt and accurate reporting.
HIST: 1995 c 164 s 20
148C.099 Investigations; professional cooperation; exchanging information.
Subdivision 1. Cooperation. An alcohol and drug counselor who is the subject of an investigation, or who is questioned in connection with an investigation, by or on behalf of the commissioner, shall cooperate fully with the investigation. Cooperation includes responding fully to any question raised by or on behalf of the commissioner relating to the subject of the investigation whether tape recorded or not. Challenges to requests of the commissioner may be brought before the appropriate agency or court.
Subd. 2. Exchanging information. (a) The commissioner shall establish internal operating procedures for:
(1) exchanging information with state boards; agencies, including the office of ombudsman for mental health and mental retardation; health-related and law enforcement facilities; departments responsible for licensing health-related occupations, facilities, and programs; and law enforcement personnel in this and other states; and
(2) coordinating investigations involving matters within the jurisdiction of more than one regulatory agency.
(b) The procedures for exchanging information must provide for forwarding to an entity described in paragraph (a), clause (1), any information or evidence, including the results of investigations, that is relevant to matters within the regulatory jurisdiction of that entity. The data have the same classification in the possession of the agency receiving the data as they have in the possession of the agency providing the data.
(c) The commissioner shall establish procedures for exchanging information with other states regarding disciplinary action against alcohol and drug counselors.
(d) The commissioner shall forward to another governmental agency any complaints received by the commissioner that do not relate to the commissioner's jurisdiction but that relate to matters within the jurisdiction of the other governmental agency. The agency to which a complaint is forwarded shall advise the commissioner of the disposition of the complaint. A complaint or other information received by another governmental agency relating to a statute or rule that the commissioner is empowered to enforce must be forwarded to the commissioner to be processed according to this section.
(e) The commissioner shall furnish to a person who made a complaint a description of the actions of the commissioner relating to the complaint.
148C.10 Prohibition against unlicensed practice or use of titles; penalty.
Subdivision 1. Practice. After the commissioner adopts rules, no individual shall engage in alcohol and drug counseling practice unless that individual holds a valid license as an alcohol and drug counselor.
Subd. 1a. Practice allowed; certain individuals. (a) Notwithstanding subdivision 1, individuals may engage in alcohol and drug counseling practice only until the commissioner issues a license or denies the license application, whichever occurs sooner, provided the individual:
(1) was employed as an alcohol and drug counselor before January 28, 2000;
(2) is under the supervision of an alcohol and drug counselor who is licensed under this chapter or employed in a program licensed by the department of human services;
(3) has not applied and been rejected or denied a license by the commissioner on any grounds under this chapter, other than failure to satisfy examination requirements, or on the basis of an investigation under chapter 148B; and
(i) made application to the commissioner for a license as an alcohol and drug counselor before January 28, 2000; or
(ii) made application to the administrator of the exam or exams required by the commissioner before January 28, 2000, passes the examinations before July 1, 2002, and within 90 calendar days of passing the examinations makes application to the commissioner for a license under this chapter.
(b) As used in this subdivision, supervision means monitoring activities of and accepting legal liability for the individual practicing without a license.
(c) Practice allowed under this subdivision creates no rights or expectations of approval from the commissioner for licensing as an alcohol and drug counselor. The commissioner may suspend or restrict practice under this subdivision as authorized under section 148C.09.
Subd. 2. Use of titles. After the commissioner adopts rules, no individual shall present themselves or any other individual to the public by any title incorporating the words "licensed alcohol and drug counselor" or otherwise hold themselves out to the public by any title or description stating or implying that they are licensed or otherwise qualified to practice alcohol and drug counseling unless that individual holds a valid license. City, county, and state agency alcohol and drug counselors who are not licensed under sections 148C.01 to 148C.11 may use the title "city agency alcohol and drug counselor," "county agency alcohol and drug counselor," or "state agency alcohol and drug counselor." Hospital alcohol and drug counselors who are not licensed under sections 148C.01 to 148C.11 may use the title "hospital alcohol and drug counselor" while acting within the scope of their employment.
148C.11 Exceptions to license requirement.
Subdivision 1. Other professionals. Nothing in sections 148C.01 to 148C.10 shall prevent members of other professions or occupations from performing functions for which they are qualified or licensed. This exception includes, but is not limited to, licensed physicians, registered nurses, licensed practical nurses, licensed psychological practitioners, members of the clergy, American Indian medicine men and women, licensed attorneys, probation officers, licensed marriage and family therapists, licensed social workers, licensed professional counselors, licensed school counselors, and registered occupational therapists or occupational therapy assistants. These persons must not, however, use a title incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug counselor" or otherwise hold themselves out to the public by any title or description stating or implying that they are engaged in the practice of alcohol and drug counseling, or that they are licensed to engage in the practice of alcohol and drug counseling. Persons engaged in the practice of alcohol and drug counseling are not exempt from the commissioner's jurisdiction solely by the use of one of the above titles.
Subd. 2. Students. Nothing in sections 148C.01 to 148C.10 shall prevent students enrolled in an accredited school of alcohol and drug counseling from engaging in the practice of alcohol and drug counseling under qualified supervision in an accredited school of alcohol and drug counseling.
Subd. 3. Federally recognized tribes; ethnic minorities. (a) Alcohol and drug counselors licensed to practice alcohol and drug counseling according to standards established by federally recognized tribes, while practicing under tribal jurisdiction, are exempt from the requirements of this chapter. In practicing alcohol and drug counseling under tribal jurisdiction, individuals licensed under that authority shall be afforded the same rights, responsibilities, and recognition as persons licensed pursuant to this chapter.
(b) The commissioner shall develop special licensing criteria for issuance of a license to alcohol and drug counselors who: (1) practice alcohol and drug counseling with a member of an ethnic minority population or with a person with a disability as defined by rule; or (2) are employed by agencies whose primary agency service focus addresses ethnic minority populations or persons with a disability as defined by rule. These licensing criteria may differ from the licensing criteria specified in section 148C.04. To develop, implement, and evaluate the effect of these criteria, the commissioner shall establish a committee comprised of, but not limited to, representatives from the Minnesota commission serving deaf and hard-of-hearing people, the council on affairs of Chicano/Latino people, the council on Asian-Pacific Minnesotans, the council on Black Minnesotans, the council on disability, and the Indian affairs council. The committee does not expire.
Subd. 4. Hospital alcohol and drug counselors. The licensing of hospital alcohol and drug counselors shall be voluntary, while the counselor is employed by the hospital. Hospitals employing alcohol and drug counselors shall not be required to employ licensed alcohol and drug counselors, nor shall they require their alcohol and drug counselors to be licensed, however, nothing in this chapter will prohibit hospitals from requiring their counselors to be eligible for licensure.
Subd. 5. City, county, and state agency alcohol and drug counselors. The licensing of city, county, and state agency alcohol and drug counselors shall be voluntary, while the counselor is employed by the city, county, or state agency. City, county, and state agencies employing alcohol and drug counselors shall not be required to employ licensed alcohol and drug counselors, nor shall they require their drug and alcohol counselors to be licensed.
HIST: 1991 c 255 s 19; 1992 c 559 art 2 s 12; 1993 c 13 art 1 s 28; 1Sp1993 c 1 art 3 s 13-14; 1995 c 164 s 23; 1996 c 451 art 4 s 44,45; 1997 c 7 art 3 s 4; 1998 c 317 s 16; 2000 c 460 s 50; 2001 c 138 s 3; 2001 c 161 s 26
Official Publication of the State of Minnesota
Revisor of Statutes