2007 Minnesota Statutes

148C.01 DEFINITIONS.
    Subdivision 1. Definitions. For the purposes of sections 148C.01 to 148C.11 and 595.02,
subdivision 1 , the following terms have the meanings given them.
    Subd. 1a. Accrediting association. "Accrediting association" means an organization
recognized by the board that evaluates schools and education programs of alcohol and drug
counseling or is listed in Nationally Recognized Accrediting Agencies and Associations, Criteria
and Procedures for Listing by the U.S. Secretary of Education and Current List (1996), which is
incorporated by reference.
    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 this chapter to engage in the practice of alcohol and
drug counseling; or
(4) is an applicant for an alcohol and drug counseling license.
    Subd. 2a. Alcohol and drug counselor academic course work. "Alcohol and drug
counselor academic course work" means classroom education, which is directly related to alcohol
and drug counseling and meets the requirements of section 148C.04, subdivision 5a, and is taken
through an accredited school or educational program.
    Subd. 2b. Alcohol and drug counselor continuing education activity. "Alcohol and
drug counselor continuing education activity" means clock hours that meet the requirements
of section 148C.075 and Minnesota Rules, part 4747.1100, and are obtained by a licensee at
educational programs of annual conferences, lectures, panel discussions, workshops, seminars,
symposiums, employer-sponsored inservices, or courses taken through accredited schools or
education programs, including home study courses. A home study course need not be provided by
an accredited school or education program to meet continuing education requirements.
    Subd. 2c. Alcohol and drug counselor technician. "Alcohol and drug counselor technician"
means a person not licensed as an alcohol and drug counselor who is performing acts authorized
under section 148C.045.
    Subd. 2d. Alcohol and drug counselor training. "Alcohol and drug counselor training"
means clock hours obtained by an applicant at educational programs of annual conferences,
lectures, panel discussions, workshops, seminars, symposiums, employer-sponsored inservices, or
courses taken through accredited schools or education programs, including home study courses.
Clock hours obtained from accredited schools or education programs must be measured under
Minnesota Rules, part 4747.1100, subpart 5.
    Subd. 2e. Board. "Board" means the Board of Behavioral Health and Therapy established
by section 148B.51.
    Subd. 2f. Clock hour. "Clock hour" means an instructional session of 50 consecutive
minutes, excluding coffee breaks, registration, meals without a speaker, and social activities.
    Subd. 2g. Credential. "Credential" means a license, permit, certification, registration, or
other evidence of qualification or authorization to engage in the practice of an occupation.
    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. 4a. Licensee. "Licensee" means a person who holds a valid license under this chapter.
    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.[Repealed, 2003 c 118 s 29; 2004 c 279 art 5 s 10; 2005 c 147 art 8 s 3]
    Subd. 7. Accredited school or educational program. "Accredited school or educational
program" means a school of alcohol and drug counseling, university, college, or other
postsecondary 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 Postsecondary 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 record keeping" 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. 11a. Student. "Student" means a person enrolled in an alcohol and drug counselor
education program at an accredited school or educational program and earning a minimum of nine
semester credits per calendar year towards completion of an associate's, bachelor's, master's, or
doctorate degree requirements that include an additional 18 semester credits or 270 clock hours of
alcohol and drug counseling specific course work and 440 clock hours of practicum.
    Subd. 12. Supervised alcohol and drug counselor. "Supervised alcohol and drug counselor"
means a student, either before, during, or after the student completes a program from an accredited
school or educational program of alcohol and drug counseling, an intern, or a person issued a
temporary permit under section 148C.04, subdivision 4, and who is supervised by a person either
licensed under this chapter or exempt under its provisions.
    Subd. 12a. Supervisor. "Supervisor" means a licensed alcohol and drug counselor licensed
under this chapter or other licensed professional practicing alcohol and drug counseling under
section 148C.11 who monitors activities of and accepts legal liability for the person practicing
under supervision. A supervisor shall supervise no more than three trainees practicing under
section 148C.04, subdivision 6.
    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.
History: 1986 c 444; 1992 c 559 art 2 s 1; 1Sp1993 c 1 art 3 s 2,3; 1995 c 164 s 3; 1996
c 451 art 4 s 32-34; 2000 c 460 s 36-40; 2003 c 118 s 17,28; 1Sp2003 c 14 art 5 s 1-12; 2004
c 279 art 5 s 9