2005 Minnesota Statutes

     148B.60 Definitions. 

    Subdivision 1.    Terms.  As used in sections 148B.60 to 
 148B.71, the following terms have the meanings given them in 
 this section. 

    Subd. 2.    Office of Mental Health Practice or office.  
 "Office of Mental Health Practice" or "office" means the Office 
 of Mental Health Practice authorized in section 148B.61. 

    Subd. 3.    Unlicensed mental health practitioner or 
 practitioner.  "Unlicensed mental health practitioner" or 
 "practitioner" means a person who provides or purports to 
 provide, for remuneration, mental health services as defined in 
 subdivision 4.  It does not include persons licensed by the 
 Board of Medical Practice under chapter 147 or registered by the 
 Board of Medical Practice under chapter 147A; the Board of 
 Nursing under sections 148.171 to 148.285; the Board of 
 Psychology under sections 148.88 to 148.98; the Board of Social 
 Work under sections 148B.18 to 148B.289; the Board of Marriage 
 and Family Therapy under sections 148B.29 to 148B.39; the Board 
 of Behavioral Health and Therapy under sections 148B.50 to 
 148B.593 and chapter 148C; or another licensing board if the 
 person is practicing within the scope of the license; members of 
 the clergy who are providing pastoral services in the context of 
 performing and fulfilling the salaried duties and obligations 
 required of a member of the clergy by a religious congregation; 
 American Indian medicine men and women; licensed attorneys; 
 probation officers; school counselors employed by a school 
 district while acting within the scope of employment as school 
 counselors; licensed occupational therapists; or licensed 
 occupational therapy assistants.  For the purposes of complaint 
 investigation or disciplinary action relating to an individual 
 practitioner, the term includes: 

    (1) persons employed by a program licensed by the 
 commissioner of human services who are acting as mental health 
 practitioners within the scope of their employment; 

    (2) persons employed by a program licensed by the 
 commissioner of human services who are providing chemical 
 dependency counseling services; persons who are providing 
 chemical dependency counseling services in private practice; and 

    (3) clergy who are providing mental health services that 
 are equivalent to those defined in subdivision 4. 

    Subd. 4.    Mental health services.  "Mental health 
 services" means psychotherapy, behavioral health care, spiritual 
 counseling, hypnosis when not for entertainment, and the 
 professional assessment, treatment, or counseling of another 
 person for a cognitive, behavioral, emotional, social, or mental 
 condition, symptom, or dysfunction, including intrapersonal or 
 interpersonal dysfunctions.  The term does not include pastoral 
 services provided by members of the clergy to members of a 
 religious congregation in the context of performing and 
 fulfilling the salaried duties and obligations required of a 
 member of the clergy by that religious congregation or services 
 provided by Christian Scientist practitioners. 

    Subd. 5.    Mental health client or client.  "Mental 
 health client" or "client" means a person who receives or pays 
 for the services of a mental health practitioner.  

    Subd. 5a.    Mental-health-related licensing boards.  
 "Mental-health-related licensing boards" means the Boards of 
 Medical Practice, Nursing, Psychology, Social Work, Marriage and 
 Family Therapy, and Behavioral Health and Therapy. 

    Subd. 6. Repealed, 1996 c 305 art 1 s 38 

    Subd. 7. Repealed by amendment, 2005 c 147 art 8 s 1 

    Subd. 7a.    Committee.  "Committee" means the Office of 
 Mental Health Practices Committee, consisting of one person 
 appointed by each of the following licensing boards:  the Board 
 of Medical Practice; the Board of Nursing; the Board of 
 Psychology; the Board of Social Work; the Board of Marriage and 
 Family Therapy; and the Board of Behavioral Health and Therapy. 

    Subd. 8.    Disciplinary action.  "Disciplinary action" 
 means an adverse action taken by the commissioner against an 
 unlicensed mental health practitioner relating to the person's 
 right to provide mental health services. 

    HIST: 1991 c 106 s 6; 1991 c 292 art 2 s 50; 1995 c 63 s 6; 
 1995 c 205 art 2 s 4; 1997 c 193 s 47; 2000 c 460 s 32; 2003 c 
 118 s 16; 2005 c 147 art 8 s 1 

*   NOTE:  This section is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (a), as amended by Laws 2004, chapter 279, 
*article 5, section 10, and Laws 2005, chapter 147, article 8, 
*section 3, effective July 1, 2009.  Laws 2003, chapter 118, 
*section 29, paragraph (a), the effective date, as amended by 
*Laws 2004, chapter 279, article 5, section 10, and Laws 2005, 
*chapter 147, article 8, section 3.