2001 Minnesota Statutes

     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 

    (4) either:  

    (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. 

    Subd. 3.    Penalty.  A person who violates sections 
 148C.01 to 148C.11 is guilty of a misdemeanor.  

    HIST: 1992 c 559 art 2 s 11; 1995 c 164 s 22; 2000 c 460 s 49; 2001 
 c 10 s 4