1998 Minnesota Statutes

     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, school counselors employed by a school district 
 while acting within the scope of employment as 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 licensed to engage in the 
 practice of alcohol and drug counseling. 

    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. 

    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