2006 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 chapter 148D;
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.
History: 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; 2006 c 212 art 3 s 14

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.