2003 Minnesota Statutes

     148C.11 Exceptions to license requirement. 

    Subdivision 1.    Other professionals.  (a) Nothing in 
 this chapter prevents 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. 

    (b) Nothing in this chapter prohibits technicians and 
 resident managers in programs licensed by the Department of 
 Human Services from discharging their duties as provided in 
 Minnesota Rules, chapter 9530.  

    (c) Any person who is exempt under this section but who 
 elects to obtain a license under this chapter is subject to this 
 chapter to the same extent as other licensees.  

    (d) 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 while under qualified supervision in 
 an accredited school of alcohol and drug counseling.  

    Subd. 3.    Federally recognized tribes; ethnic 
 minorities.  (a) Alcohol and drug counselors practicing 
 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 practicing 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 
 requirements 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. 

    (c) The commissioner shall issue a license to an applicant 
 who (1) is an alcohol and drug counselor who is exempt under 
 paragraph (a) from the requirements of this chapter; (2) has at 
 least 2,000 hours of alcohol and drug counselor experience as 
 defined by the core functions; and (3) meets the licensing 
 requirements that are in effect on the date of application under 
 section 148C.04, subdivision 3 or 4, except the written case 
 presentation and oral examination component under section 
 148C.04, subdivision 3, clause (2), or 4, clause (1), item 
 (ii).  When applying for a license under this paragraph, an 
 applicant must follow the procedures for admission to licensure 
 specified under section 148C.0351.  A person who receives a 
 license under this paragraph must complete the written case 
 presentation and satisfactorily pass the oral examination 
 component under section 148C.04, subdivision 3, clause (2), or 
 4, clause (1), item (ii), at the earliest available opportunity 
 after the commissioner begins administering oral examinations.  
 The commissioner may suspend or restrict a person's license 
 according to section 148C.09 if the person fails to complete the 
 written case presentation and satisfactorily pass the oral 
 examination.  This paragraph expires July 1, 2004. 

    Subd. 4.    Hospital alcohol and drug counselors.  
 Effective January 1, 2006, hospitals employing alcohol and drug 
 counselors shall be required to employ licensed alcohol and drug 
 counselors.  An alcohol or drug counselor employed by a hospital 
 must be licensed as an alcohol and drug counselor in accordance 
 with this chapter.  

    Subd. 5.    City, county, and state agency alcohol and 
 drug counselors.  Effective January 1, 2006, city, county, and 
 state agencies employing alcohol and drug counselors shall be 
 required to employ licensed alcohol and drug counselors.  An 
 alcohol and drug counselor employed by a city, county, or state 
 agency must be licensed as an alcohol and drug counselor in 
 accordance with this chapter.  

    Subd. 6.    Transition period for hospital and city, 
 county, and state agency alcohol and drug counselors.  For the 
 period between July 1, 2003, and January 1, 2006, the 
 commissioner shall grant a license to an individual who is 
 employed as an alcohol and drug counselor at a Minnesota 
 hospital or a city, county, or state agency in Minnesota if the 
 individual:  

    (1) was employed as an alcohol and drug counselor at a 
 hospital or a city, county, or state agency before August 1, 
 2002; 

    (2) has 8,000 hours of alcohol and drug counselor work 
 experience; 

    (3) has completed a written case presentation and 
 satisfactorily passed an oral examination established by the 
 commissioner; 

    (4) has satisfactorily passed a written examination as 
 established by the commissioner; and 

    (5) meets the requirements in section 148C.0351. 

    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; 2002 c 354 s 1; 1Sp2003 c 14 
 art 5 s 28