2003 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 
 commissioner 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.    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 
 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. 

    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; 2000 c 460 s 
 36-40; 2003 c 118 s 17; 1Sp2003 c 14 art 5 s 1-12 

*   NOTE:  Subdivision 2e, as added by Laws 2003, chapter 118, 
*section 17, is effective July 1, 2005.  Laws 2003, chapter 118, 
*section 17, the effective date. 

*   NOTE:  Subdivision 6 is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (b), effective July 1, 2005.  Laws 2003, 
*chapter 118, section 29, paragraph (b), the effective date.