1998 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. 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 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 Repealed by amendment, 1995 c 164 s 3 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 offers no less than the 
 required number of education and practicum hours as described in 
 section 148C.04, subdivision 3, and the core functions as 
 defined in subdivision 9, and 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 dependency 
 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 for the development of the 
 treatment plan. 

    (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; and 

    (9) 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. 

    HIST: 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