Bill Text: MN SF753 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Social workers licensure modifications; alcohol and drug counselors and licensed professional counselors licensure requirements establishment
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2012-04-23 - Secretary of State Chapter 197 04/20/12 [SF753 Detail]
Download: Minnesota-2011-SF753-Engrossed.html
Bill Title: Social workers licensure modifications; alcohol and drug counselors and licensed professional counselors licensure requirements establishment
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2012-04-23 - Secretary of State Chapter 197 04/20/12 [SF753 Detail]
Download: Minnesota-2011-SF753-Engrossed.html
1.2relating to health occupations; modifying provisions for licensure of social
1.3workers; changing provisions for alcohol and drug counselors and licensed
1.4professional counseling; setting certain fees;amending Minnesota Statutes 2010,
1.5sections 13.383, subdivision 11a; 148B.5301, subdivisions 1, 4, by adding a
1.6subdivision; 148B.54, subdivisions 2, 3; 148E.055, subdivision 1; 148E.060,
1.7subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.065, subdivisions 2,
1.84, 5, by adding subdivisions; 148E.120; 148E.195, subdivision 2, by adding a
1.9subdivision; 148E.280; proposing coding for new law in Minnesota Statutes,
1.10chapter 148E; proposing coding for new law as Minnesota Statutes, chapter
1.11148F; repealing Minnesota Statutes 2010, sections 148C.01, subdivisions 1, 1a,
1.122, 2a, 2b, 2c, 2d, 2e, 2f, 2g, 4, 4a, 5, 7, 9, 10, 11, 11a, 12, 12a, 13, 14, 15, 16,
1.1317, 18; 148C.015; 148C.03, subdivisions 1, 4; 148C.0351, subdivisions 1, 3, 4;
1.14148C.0355; 148C.04, subdivisions 1, 2, 3, 4, 5a, 6, 7; 148C.044; 148C.045;
1.15148C.05, subdivisions 1, 1a, 5, 6; 148C.055; 148C.07; 148C.075; 148C.08;
1.16148C.09, subdivisions 1, 1a, 2, 4; 148C.091; 148C.093; 148C.095; 148C.099;
1.17148C.10, subdivisions 1, 2, 3; 148C.11; 148C.12, subdivisions 1, 2, 3, 5, 6, 7,
1.188, 9, 10, 11, 12, 13, 14, 15; 148E.065, subdivision 3; Minnesota Rules, parts
1.194747.0010; 4747.0020; 4747.0030, subparts 1, 2, 3, 4, 5, 7, 8, 9, 10, 15, 17, 18,
1.2020, 21, 22, 24, 29; 4747.0040; 4747.0050; 4747.0060; 4747.0070, subparts 1,
1.212, 3, 6; 4747.0200; 4747.0400, subpart 1; 4747.0700; 4747.0800; 4747.0900;
1.224747.1100, subparts 1, 4, 5, 6, 7, 8, 9; 4747.1400, subparts 1, 2, 3, 4, 5, 6, 7, 8, 10,
1.2311, 12, 13; 4747.1500; 6310.3100, subpart 2; 6310.3600; 6310.3700, subpart 1.
1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.27 Section 1. Minnesota Statutes 2010, section 148E.055, subdivision 1, is amended to
1.28read:
1.29 Subdivision 1. License required. (a) In order to practice social work, an individual
1.30must have a social work license under this section or section148E.060 , except when the
1.31individual is exempt from licensure according to section148E.065 .
2.1 (b) Individuals who teach professional social work knowledge, skills, and values to
2.2students and who have a social work degree from a program accredited by the Council
2.3on Social Work Education, the Canadian Association of Schools of Social Work, or a
2.4similaraccreditation accrediting body designated by the board must have a social work
2.5license under this section or section148E.060 , except when the individual is exempt from
2.6licensure according to section148E.065 .
2.7(c) Effective July 1, 2016, an individual who is newly employed by a city or
2.8state agency or a private nonprofit nontribal agency previously exempt from licensure
2.9under Minnesota Statutes 2010, section 148D.065, subdivision 5, and section 148E.065,
2.10subdivision 5, must be licensed if:
2.11(1) the individual is presented to the public by any title incorporating the words
2.12"social work" or "social worker"; or
2.13(2) the individual has a baccalaureate or graduate degree in social work from a
2.14program accredited by the Council on Social Work Education, the Canadian Association
2.15of Schools of Social Work, or a similar accrediting body designated by the board, and the
2.16individual provides social work services, including clinical social work services, as those
2.17services are defined in section 148E.010, subdivisions 6 and 11.
2.18EFFECTIVE DATE.This section is effective August 1, 2012.
2.19 Sec. 2. [148E.0555] LICENSE REQUIREMENTS; GRANDFATHERING.
2.20 Subdivision 1. Grandfathering period. (a) The board shall issue a license to an
2.21applicant who meets all the requirements in this section and has submitted a completed,
2.22signed application and the required fee between January 1, 2013, and December 31, 2014.
2.23(b) If the applicant does not provide all of the information requested by the board
2.24by December 31, 2015, the applicant is considered ineligible and the application for
2.25licensure is closed.
2.26 Subd. 2. Eligible agency personnel. When submitting the application for licensure,
2.27the applicant must provide evidence satisfactory to the board that the applicant is currently
2.28employed by a:
2.29(1) Minnesota city or state agency, and:
2.30(i) at any time within three years of the date of submitting an application for
2.31licensure was presented to the public by any title incorporating the words "social work" or
2.32"social worker," while employed by that agency for a minimum of six months; or
2.33(ii) at any time within three years of the date of submitting an application for
2.34licensure was engaged in the practice of social work, including clinical social work, as
3.1described in section 148E.010, subdivisions 6 and 11, while employed by that agency
3.2for a minimum of six months; or
3.3(2) private nonprofit, nontribal agency whose primary service focus addresses ethnic
3.4minority populations, and the applicant is a member of an ethnic minority population
3.5within the agency, previously exempt from licensure under Minnesota Statutes 2010,
3.6section 148D.065, subdivision 5, and section 148E.065, subdivision 5, and:
3.7(i) at any time within three years of the date of submitting an application for
3.8licensure was presented to the public by any title incorporating the words "social work" or
3.9"social worker," while employed by that agency for a minimum of six months; or
3.10(ii) at any time within three years of the date of submitting an application for
3.11licensure was engaged in the practice of social work, including clinical social work, as
3.12described under section 148E.010, subdivisions 6 and 11, while employed by that agency
3.13for a minimum of six months.
3.14 Subd. 3. Qualifications during grandfathering for licensure as LSW. (a) To
3.15be licensed as a licensed social worker, an applicant for licensure under this section
3.16must provide evidence satisfactory to the board that the individual has completed a
3.17baccalaureate degree:
3.18(1) in social work from a program accredited by the Council on Social Work
3.19Education, the Canadian Association of Schools of Social Work, or a similar accrediting
3.20body designated by the board; or
3.21(2) in psychology, sociology, human services, or social and behavioral sciences
3.22from an accredited college or university; or
3.23(3) with a major in any field from an accredited college or university, and one year of
3.24experience in the practice of social work as described in section 148E.010, subdivision 11.
3.25(b) To be licensed as a licensed social worker, an applicant for licensure under this
3.26section must provide evidence satisfactory to the board that the individual has:
3.27(1) submitted a completed, signed application and the license fee in section
3.28148E.180;
3.29(2) for applications submitted electronically, provided an attestation as specified
3.30by the board;
3.31(3) submitted the criminal background check fee and a form provided by the board
3.32authorizing a criminal background check;
3.33(4) paid the applicable license fee in section 148E.180; and
3.34(5) not engaged in conduct that was or would be in violation of the standards
3.35of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
3.36sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
4.1would be in violation of the standards of practice, the board may take action according to
4.2sections 148E.255 to 148E.270.
4.3(c) An application that is not completed and signed, or that is not accompanied by
4.4the correct license fee, must be returned to the applicant, along with any fee submitted,
4.5and is void.
4.6(d) By submitting an application for licensure, an applicant authorizes the board to
4.7investigate any information provided or requested in the application. The board may
4.8request that the applicant provide additional information, verification, or documentation.
4.9(e) Within one year of the time the board receives an application for licensure, the
4.10applicant must meet all the requirements and provide all of the information requested by
4.11the board according to paragraphs (a) and (b).
4.12(f) Prelicensure supervised practice hours may be applied to meet the requirements
4.13of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
4.14requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours
4.15obtained on or after August 1, 2011, must meet the supervised practice requirements in
4.16sections 148E.100 to 148E.125.
4.17(g) In addition to the required supervisors listed in Minnesota Statutes 2010,
4.18section 148D.120 and section 148E.120, an alternate supervisor may include a qualified
4.19professional who has a bachelor's or graduate degree, and the authority to direct the
4.20practice of the applicant, including, but not limited to, an agency director, or agency or
4.21consulting supervisor, as determined appropriate by the board.
4.22(h) Unless completed at the time of application for licensure, a licensee granted a
4.23license by the board under this section must meet the supervised practice requirements
4.24in sections 148E.100 to 148E.125. If a licensee does not meet the supervised practice
4.25requirements, the board may take action according to sections 148E.255 to 148E.270.
4.26 Subd. 4. Qualifications during grandfathering for licensure as LGSW. (a) To
4.27be licensed as a licensed graduate social worker, an applicant for licensure under this
4.28section must provide evidence satisfactory to the board that the individual has completed
4.29a graduate degree:
4.30(1) in social work from a program accredited by the Council on Social Work
4.31Education, the Canadian Association of Schools of Social Work, or a similar accrediting
4.32body designated by the board; or
4.33(2) in psychology, sociology, marriage and family therapy, human services, or social
4.34and behavioral sciences from an accredited college or university; or
5.1(3) with a major in any field from an accredited college or university, and one year
5.2of experience in the practice of social work as described in section 148E.010, subdivisions
5.36 and 11.
5.4(b) To be licensed as a licensed graduate social worker, an applicant for licensure
5.5under this section must provide evidence satisfactory to the board that the individual has:
5.6(1) submitted a completed, signed application and the license fee in section
5.7148E.180;
5.8(2) for applications submitted electronically, provided an attestation as specified
5.9by the board;
5.10(3) submitted the criminal background check fee and a form provided by the board
5.11authorizing a criminal background check;
5.12(4) paid the applicable license fee in section 148E.180; and
5.13(5) not engaged in conduct that was or would be in violation of the standards
5.14of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
5.15sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
5.16would be in violation of the standards of practice, the board may take action according to
5.17sections 148E.255 to 148E.270.
5.18(c) An application that is not completed and signed, or that is not accompanied by
5.19the correct license fee, must be returned to the applicant, along with any fee submitted,
5.20and is void.
5.21(d) By submitting an application for licensure, an applicant authorizes the board to
5.22investigate any information provided or requested in the application. The board may
5.23request that the applicant provide additional information, verification, or documentation.
5.24(e) Within one year of the time the board receives an application for licensure, the
5.25applicant must meet all the requirements and provide all of the information requested by
5.26the board according to paragraphs (a) and (b).
5.27(f) Prelicensure supervised practice hours may be applied to meet the requirements
5.28of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
5.29requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours
5.30obtained on or after August 1, 2011, must meet the supervised practice requirements in
5.31sections 148E.100 to 148E.125.
5.32(g) In addition to the required supervisors listed in Minnesota Statutes 2010, section
5.33148D.120, and section 148E.120, an alternate supervisor of nonclinical practice may
5.34include a qualified professional who has a bachelor's or graduate degree, and the authority
5.35to direct the practice of the applicant, including, but not limited to, an agency director, or
5.36agency or consulting supervisor, as determined appropriate by the board.
6.1(h) Unless completed at the time of application for licensure, a licensee granted a
6.2license by the board under this section must meet the supervised practice requirements
6.3specified in sections 148E.100 to 148E.125. If a licensee does not meet the supervised
6.4practice requirements, the board may take action according to sections 148E.255 to
6.5148E.270.
6.6 Subd. 5. Qualifications during grandfathering for licensure as LISW. (a) To be
6.7licensed as a licensed independent social worker, an applicant for licensure under this
6.8section must provide evidence satisfactory to the board that the individual has completed
6.9a graduate degree:
6.10(1) in social work from a program accredited by the Council on Social Work
6.11Education, the Canadian Association of Schools of Social Work, or a similar accrediting
6.12body designated by the board; or
6.13(2) in psychology, sociology, marriage and family therapy, human services, or social
6.14and behavioral sciences from an accredited college or university; or
6.15(3) with a major in any field from an accredited college or university, and one year
6.16of experience in the practice of social work according to section 148E.010, subdivision 11.
6.17(b) To be licensed as a licensed independent social worker, an applicant for licensure
6.18under this section must provide evidence satisfactory to the board that the individual has:
6.19(1) practiced social work as defined in section 148E.010, subdivision 11, and has
6.20met the supervised practice requirements as follows: (i) for hours obtained prior to
6.21August 1, 2011, has met the requirements in Minnesota Statutes 2010, sections 148D.100
6.22to 148D.125; (ii) for hours obtained after August 1, 2011, has met the requirements in
6.23sections 148E.100 to 148E.125; and (iii) in addition to the supervisors listed in Minnesota
6.24Statutes 2010, section 148D.120, or section 148E.120, an alternate supervisor of
6.25nonclinical practice may include a qualified professional who has a bachelor's or graduate
6.26degree and the authority to direct the practice of the applicant, including but not limited to
6.27an agency director, or agency or consulting supervisor as determined by the board.
6.28(2) submitted a completed, signed application and the license fee in section
6.29148E.180;
6.30(3) for applications submitted electronically, provided an attestation as specified
6.31by the board;
6.32(4) submitted the criminal background check fee and a form provided by the board
6.33authorizing a criminal background check;
6.34(5) paid the applicable license fee specified in section 148E.180; and
6.35(6) not engaged in conduct that was or would be in violation of the standards
6.36of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
7.1sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
7.2would be in violation of the standards of practice, the board may take action according to
7.3sections 148E.255 to 148E.270.
7.4(c) An application that is not completed, signed, and accompanied by the correct
7.5license fee must be returned to the applicant, along with any fee submitted, and is void.
7.6(d) By submitting an application for licensure, an applicant authorizes the board to
7.7investigate any information provided or requested in the application. The board may
7.8request that the applicant provide additional information, verification, or documentation.
7.9(e) Within one year of the time the board receives an application for licensure, the
7.10applicant must meet all the requirements and provide all of the information requested by
7.11the board according to paragraphs (a) and (b).
7.12(f) Upon licensure, a licensed independent social worker who practices clinical
7.13social work must meet the supervised practice requirements specified in sections 148E.100
7.14to 148E.125. If a licensee does not meet the supervised practice requirements, the board
7.15may take action according to sections 148E.255 to 148E.270.
7.16 Subd. 6. Qualifications during grandfathering for licensure as LICSW. (a) To be
7.17licensed as a licensed independent clinical social worker, an applicant for licensure under
7.18this section must provide evidence satisfactory to the board that the individual has:
7.19(1) completed a graduate degree in social work from a program accredited by the
7.20Council on Social Work Education, the Canadian Association of Schools of Social Work,
7.21or a similar accrediting body designated by the board; or
7.22(2) completed a graduate degree and is a mental health professional according to
7.23section 245.462, subdivision 18, clauses (1) to (6).
7.24(b) To be licensed as a licensed independent clinical social worker, an applicant
7.25for licensure under this section must provide evidence satisfactory to the board that the
7.26individual has:
7.27(1) practiced clinical social work as defined in section 148E.010, subdivision 6,
7.28including both diagnosis and treatment, and has met the supervised practice requirements
7.29specified in sections 148E.100 to 148E.125, excluding the 1,800 hours of direct clinical
7.30client contact specified in section 148E.115, subdivision 1, except that supervised practice
7.31hours obtained prior to August 1, 2011, must meet the requirements in Minnesota Statutes
7.322010, sections 148D.100 to 148D.125;
7.33(2) submitted a completed, signed application and the license fee in section
7.34148E.180;
7.35(3) for applications submitted electronically, provided an attestation as specified
7.36by the board;
8.1(4) submitted the criminal background check fee and a form provided by the board
8.2authorizing a criminal background check;
8.3(5) paid the license fee in section 148E.180; and
8.4(6) not engaged in conduct that was or would be in violation of the standards
8.5of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
8.6sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
8.7would be in violation of the standards of practice, the board may take action according to
8.8sections 148E.255 to 148E.270.
8.9(c) An application which is not completed, signed, and accompanied by the correct
8.10license fee must be returned to the applicant, along with any fee submitted, and is void.
8.11(d) By submitting an application for licensure, an applicant authorizes the board to
8.12investigate any information provided or requested in the application. The board may
8.13request that the applicant provide additional information, verification, or documentation.
8.14(e) Within one year of the time the board receives an application for licensure, the
8.15applicant must meet all the requirements and provide all of the information requested
8.16by the board.
8.17 Subd. 7. Criminal background checks. The provisions of section 148E.055,
8.18subdivision 8, apply to criminal background checks described under this section.
8.19EFFECTIVE DATE.This section is effective August 1, 2012.
8.20 Sec. 3. [148E.0556] LISW TRANSITION PERIOD EXCEPTION.
8.21At any time on or after January 1, 2013, until December 31, 2017, to qualify for a
8.22licensed independent social worker license, an applicant must submit an application to the
8.23board for a licensed independent social worker license and:
8.24(1) hold a current licensed graduate social worker license issued through
8.25grandfathering under section 148E.0555, subdivision 4, and:
8.26(i) meet all requirements in effect at the time of application according to section
8.27148E.055, subdivision 4, paragraph (a), excluding clause (1); and
8.28(ii) meet the supervised practice requirements according to section 148E.055,
8.29subdivision 4, paragraph (a), clause (2); or
8.30(2) hold a current licensed graduate social worker license issued through
8.31grandfathering prior to July 1, 1996, and:
8.32(i) meet all requirements in effect at the time of application according to section
8.33148E.055, subdivision 4, paragraph (a), excluding clause (1); and
8.34(ii) meet the supervised practice requirements according to section 148E.055,
8.35subdivision 4, paragraph (a), clause (2).
9.1EFFECTIVE DATE.This section is effective August 1, 2012.
9.2 Sec. 4. [148E.0557] LICSW TRANSITION PERIOD EXCEPTION.
9.3At any time on or after January 1, 2013, until December 31, 2017, to qualify for
9.4a licensed independent clinical social worker license, an applicant must submit an
9.5application to the board for a licensed independent clinical social worker license and:
9.6(1) hold a current licensed graduate social worker or licensed independent social
9.7worker license issued through grandfathering under section 148E.0555, subdivision 4
9.8or 5, and:
9.9(i) meet all requirements in effect at the time of application according to section
9.10148E.055, subdivision 5, paragraph (a), excluding clause (1); and
9.11(ii) meet the supervised practice requirements according to section 148E.055,
9.12subdivision 5, paragraph (a), clause (3); or
9.13(2) hold a current licensed graduate social worker or licensed independent social
9.14worker license issued through grandfathering prior to July 1, 1996, and:
9.15(i) meet all requirements in effect at the time of application according to section
9.16148E.055, subdivision 5, paragraph (a), excluding clause (1); and
9.17(ii) meet the supervised practice requirements according to section 148E.055,
9.18subdivision 5, paragraph (a), clause (3).
9.19EFFECTIVE DATE.This section is effective August 1, 2012.
9.20 Sec. 5. Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:
9.21 Subdivision 1. Students and other persons not currently licensed in another
9.22jurisdiction. (a) The board may issue a temporary license to practice social work to an
9.23applicant who is not licensed or credentialed to practice social work in any jurisdiction
9.24but has:
9.25 (1) applied for a license under section148E.055 ;
9.26 (2) applied for a temporary license on a form provided by the board;
9.27 (3) submitted a form provided by the board authorizing the board to complete a
9.28criminal background check;
9.29 (4) passed the applicable licensure examination provided for in section148E.055 ;
9.30 (5) attested on a form provided by the board that the applicant has completed the
9.31requirements for a baccalaureate or graduate degree in social work from a program
9.32accredited by the Council on Social Work Education, the Canadian Association of Schools
9.33of Social Work, or a similaraccreditation accrediting body designated by the board, or a
9.34doctorate in social work from an accredited university; and
10.1 (6) not engaged in conduct that was or would be in violation of the standards of
10.2practice specified in sections148E.195 to
148E.240 . If the applicant has engaged in
10.3conduct that was or would be in violation of the standards of practice, the board may take
10.4action according to sections148E.255 to
148E.270 .
10.5(b) A temporary license issued under this subdivision expires after six months.
10.6EFFECTIVE DATE.This section is effective August 1, 2012.
10.7 Sec. 6. Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:
10.8 Subd. 2. Emergency situations and persons currently licensed in another
10.9jurisdiction. (a) The board may issue a temporary license to practice social work to an
10.10applicant who is licensed or credentialed to practice social work in another jurisdiction,
10.11may or may not have applied for a license under section148E.055 , and has:
10.12 (1) applied for a temporary license on a form provided by the board;
10.13 (2) submitted a form provided by the board authorizing the board to complete a
10.14criminal background check;
10.15 (3) submitted evidence satisfactory to the board that the applicant is currently
10.16licensed or credentialed to practice social work in another jurisdiction;
10.17 (4) attested on a form provided by the board that the applicant has completed the
10.18requirements for a baccalaureate or graduate degree in social work from a program
10.19accredited by the Council on Social Work Education, the Canadian Association of Schools
10.20of Social Work, or a similaraccreditation accrediting body designated by the board, or a
10.21doctorate in social work from an accredited university; and
10.22 (5) not engaged in conduct that was or would be in violation of the standards of
10.23practice specified in sections148E.195 to
148E.240 . If the applicant has engaged in
10.24conduct that was or would be in violation of the standards of practice, the board may take
10.25action according to sections148E.255 to
148E.270 .
10.26(b) A temporary license issued under this subdivision expires after six months.
10.27EFFECTIVE DATE.This section is effective August 1, 2012.
10.28 Sec. 7. Minnesota Statutes 2010, section 148E.060, is amended by adding a subdivision
10.29to read:
10.30 Subd. 2a. Programs in candidacy status. (a) The board may issue a temporary
10.31license to practice social work to an applicant who has completed the requirements for a
10.32baccalaureate or graduate degree in social work from a program in candidacy status with
11.1the Council on Social Work Education, the Canadian Association of Schools of Social
11.2Work, or a similar accrediting body designated by the board, and has:
11.3(1) applied for a license under section 148E.055;
11.4(2) applied for a temporary license on a form provided by the board;
11.5(3) submitted a form provided by the board authorizing the board to complete a
11.6criminal background check;
11.7(4) passed the applicable licensure examination provided for in section 148E.055;
11.8and
11.9(5) not engaged in conduct that is in violation of the standards of practice specified
11.10in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in
11.11violation of the standards of practice, the board may take action according to sections
11.12148E.255 to 148E.270.
11.13(b) A temporary license issued under this subdivision expires after 12 months but
11.14may be extended at the board's discretion upon a showing that the social work program
11.15remains in good standing with the Council on Social Work Education, the Canadian
11.16Association of Schools of Social Work, or a similar accrediting body designated by the
11.17board. If the board receives notice from the Council on Social Work Education, the
11.18Canadian Association of Schools of Social Work, or a similar accrediting body designated
11.19by the board that the social work program is not in good standing, or that the accreditation
11.20will not be granted to the social work program, the temporary license is immediately
11.21revoked.
11.22EFFECTIVE DATE.This section is effective August 1, 2012.
11.23 Sec. 8. Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:
11.24 Subd. 3. Teachers. (a) The board may issue a temporary license to practice social
11.25work to an applicant whose permanent residence is outside the United States, who is
11.26teaching social work at an academic institution in Minnesota for a period not to exceed
11.2712 months, who may or may not have applied for a license under section148E.055 , and
11.28who has:
11.29 (1) applied for a temporary license on a form provided by the board;
11.30 (2) submitted a form provided by the board authorizing the board to complete a
11.31criminal background check;
11.32 (3) attested on a form provided by the board that the applicant has completed the
11.33requirements for a baccalaureate or graduate degree in social work; and
11.34 (4) has not engaged in conduct that was or would be in violation of the standards
11.35of practice specified in sections148E.195 to
148E.240 . If the applicant has engaged in
12.1conduct that was or would be in violation of the standards of practice, the board may take
12.2action according to sections148E.255 to
148E.270 .
12.3(b) A temporary license issued under this subdivision expires after 12 months.
12.4EFFECTIVE DATE.This section is effective August 1, 2012.
12.5 Sec. 9. Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:
12.6 Subd. 5. Temporary license term.(a) A temporary license is valid until expiration,
12.7or until the board issues or denies the license according to section148E.055 , or until
12.8the board revokes the temporary license, whichever comes first. A temporary license is
12.9nonrenewable.
12.10(b) A temporary license issued according to subdivision 1 or 2 expires after six
12.11months.
12.12(c) A temporary license issued according to subdivision 3 expires after 12 months.
12.13EFFECTIVE DATE.This section is effective August 1, 2012.
12.14 Sec. 10. Minnesota Statutes 2010, section 148E.065, subdivision 2, is amended to read:
12.15 Subd. 2. Students. An internship, externship, or any other social work experience
12.16that is required for the completion of an accredited program of social work does not
12.17constitute the practice of social work under this chapter. Students exempted under this
12.18section may use the title "social work intern."
12.19EFFECTIVE DATE.This section is effective August 1, 2012.
12.20 Sec. 11. Minnesota Statutes 2010, section 148E.065, subdivision 4, is amended to read:
12.21 Subd. 4. City, county, and state agency social workers. The licensure of city,
12.22county, and state agency social workers is voluntary. City, county, and state agencies
12.23employing social workers are not required to employ licensed social workers.
12.24This subdivision expires July 1, 2016.
12.25EFFECTIVE DATE.This section is effective August 1, 2012.
12.26 Sec. 12. Minnesota Statutes 2010, section 148E.065, is amended by adding a
12.27subdivision to read:
12.28 Subd. 4a. City, county, and state social workers. (a) Beginning July 1, 2016, the
12.29licensure of city, county, and state agency social workers is voluntary, except an individual
12.30who is newly employed by a city or state agency after July 1, 2016, must be licensed
13.1if the individual who provides social work services, as those services are defined in
13.2section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title
13.3incorporating the words "social work" or "social worker."
13.4(b) City, county, and state agencies employing social workers are not required to
13.5employ licensed social workers.
13.6EFFECTIVE DATE.This section is effective August 1, 2012.
13.7 Sec. 13. Minnesota Statutes 2010, section 148E.065, subdivision 5, is amended to read:
13.8 Subd. 5. Tribes and private nonprofit agencies; voluntary licensure. The
13.9licensure of social workers who are employed by federally recognized tribes, or by private
13.10nonprofit agencies whose primary service focus addresses ethnic minority populations,
13.11and who are themselves members of ethnic minority populations within those agencies, is
13.12voluntary.
13.13This subdivision expires July 1, 2016.
13.14EFFECTIVE DATE.This section is effective August 1, 2012.
13.15 Sec. 14. Minnesota Statutes 2010, section 148E.065, is amended by adding a
13.16subdivision to read:
13.17 Subd. 5a. Tribes and private nonprofit agencies; voluntary licensure. (a) The
13.18licensure of social workers who are employed by federally recognized tribes is voluntary.
13.19(b) The licensure of private, nonprofit, nontribal agency social workers whose
13.20primary service focus addresses ethnic minority populations, and who are themselves
13.21members of ethnic minority populations within those agencies, is voluntary until July 1,
13.222016, when newly employed individuals who practice social work must be licensed as
13.23required under section 148E.055, subdivision 1.
13.24EFFECTIVE DATE.This section is effective August 1, 2012.
13.25 Sec. 15. Minnesota Statutes 2010, section 148E.120, is amended to read:
13.26148E.120 REQUIREMENTS OF SUPERVISORS.
13.27 Subdivision 1. Supervisors licensed as social workers. (a) Except as provided in
13.28paragraph (d) subdivision 2, to be eligible to provide supervision under this section, a
13.29social worker must:
14.1 (1) have completed 30 hours of training in supervision through coursework from
14.2an accredited college or university, or through continuing education in compliance with
14.3sections148E.130 to
148E.170 ;
14.4 (2) be competent in the activities being supervised; and
14.5 (3) attest, on a form provided by the board, that the social worker has met the
14.6applicable requirements specified in this section and sections148E.100 to
148E.115 . The
14.7board may audit the information provided to determine compliance with the requirements
14.8of this section.
14.9(b) A licensed independent clinical social worker providing clinical licensing
14.10supervision to a licensed graduate social worker or a licensed independent social worker
14.11must have at least 2,000 hours of experience in authorized social work practice, including
14.121,000 hours of experience in clinical practice after obtaining a licensed independent
14.13clinical social worker license.
14.14(c) A licensed social worker, licensed graduate social worker, licensed independent
14.15social worker, or licensed independent clinical social worker providing nonclinical
14.16licensing supervision must have completed the supervised practice requirements specified
14.17in section148E.100 ,
148E.105 ,
148E.106 ,
148E.110 , or
148E.115 , as applicable.
14.18(d) If the board determines that supervision is not obtainable from an individual
14.19meeting the requirements specified in paragraph (a), the board may approve an alternate
14.20supervisor according to subdivision 2.
14.21 Subd. 2. Alternate supervisors. (a)The board may approve an alternate supervisor
14.22if: The board may approve an alternate supervisor as determined in this subdivision. The
14.23board shall approve up to 25 percent of the required supervision hours by a licensed mental
14.24health professional who is competent and qualified to provide supervision according to the
14.25mental health professional's respective licensing board, as established by section 245.462,
14.26subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6).
14.27(1) the board determines that supervision is not obtainable according to paragraph
14.28(b);
14.29(2) the licensee requests in the supervision plan submitted according to section
14.30148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
14.31(3) the licensee describes the proposed supervision and the name and qualifications
14.32of the proposed alternate supervisor; and
14.33(4) the requirements of paragraph (d) are met.
14.34(b) The board may determine that supervision is not obtainable if:
14.35(1) the licensee provides documentation as an attachment to the supervision plan
14.36submitted according to section
148E.125, subdivision 1, that the licensee has conducted a
15.1thorough search for a supervisor meeting the applicable licensure requirements specified
15.2in sections
148E.100 to
148E.115;
15.3(2) the licensee demonstrates to the board's satisfaction that the search was
15.4unsuccessful; and
15.5(3) the licensee describes the extent of the search and the names and locations of
15.6the persons and organizations contacted.
15.7(c) The requirements specified in paragraph (b) do not apply to obtaining licensing
15.8supervision for social work practice if the board determines that there are five or fewer
15.9supervisors meeting the applicable licensure requirements in sections
148E.100 to
15.10148E.115 in the county where the licensee practices social work.
15.11(d) An alternate supervisor must:
15.12(1) be an unlicensed social worker who is employed in, and provides the supervision
15.13in, a setting exempt from licensure by section
148E.065, and who has qualifications
15.14equivalent to the applicable requirements specified in sections
148E.100 to
148E.115;
15.15(2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
15.16Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
15.17applicable requirements specified in sections
148E.100 to
148E.115; or
15.18(3) be a licensed marriage and family therapist or a mental health professional
15.19as established by section
245.462, subdivision 18, or
245.4871, subdivision 27, or an
15.20equivalent mental health professional, as determined by the board, who is licensed or
15.21credentialed by a state, territorial, provincial, or foreign licensing agency.
15.22(e) In order to qualify to provide clinical supervision of a licensed graduate social
15.23worker or licensed independent social worker engaged in clinical practice, the alternate
15.24supervisor must be a mental health professional as established by section
245.462,
15.25subdivision 18
, or
245.4871, subdivision 27, or an equivalent mental health professional,
15.26as determined by the board, who is licensed or credentialed by a state, territorial,
15.27provincial, or foreign licensing agency.
15.28(b) The board shall approve up to 100 percent of the required supervision hours by
15.29an alternate supervisor if the board determines that:
15.30(1) there are five or fewer supervisors in the county where the licensee practices
15.31social work who meet the applicable licensure requirements in subdivision 1;
15.32(2) the supervisor is an unlicensed social worker who is employed in, and provides
15.33the supervision in, a setting exempt from licensure by section 148E.065, and who has
15.34qualifications equivalent to the applicable requirements specified in sections 148E.100 to
15.35148E.115;
16.1(3) the supervisor is a social worker engaged in authorized social work practice
16.2in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the
16.3qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;
16.4or
16.5(4) the applicant or licensee is engaged in nonclinical authorized social work
16.6practice outside of Minnesota and the supervisor meets the qualifications equivalent to
16.7the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an
16.8equivalent mental health professional, as determined by the board, who is credentialed by
16.9a state, territorial, provincial, or foreign licensing agency; or
16.10(5) the applicant or licensee is engaged in clinical authorized social work practice
16.11outside of Minnesota and the supervisor meets qualifications equivalent to the applicable
16.12requirements in section 148E.115, or the supervisor is an equivalent mental health
16.13professional as determined by the board, who is credentialed by a state, territorial,
16.14provincial, or foreign licensing agency.
16.15(c) In order for the board to consider an alternate supervisor under this section,
16.16the licensee must:
16.17(1) request in the supervision plan and verification submitted according to section
16.18148E.125, that an alternate supervisor conduct the supervision; and
16.19(2) describe the proposed supervision and the name and qualifications of the
16.20proposed alternate supervisor. The board may audit the information provided to determine
16.21compliance with the requirements of this section.
16.22EFFECTIVE DATE.This section is effective August 1, 2012.
16.23 Sec. 16. Minnesota Statutes 2010, section 148E.195, subdivision 2, is amended to read:
16.24 Subd. 2. Representations. (a) No applicant or other individual may be represented
16.25to the public by any title incorporating the words "social work" or "social worker" unless
16.26the individual holds a license according to sections148E.055 and
148E.060 or practices in
16.27a setting exempt from licensure according to section148E.065 .
16.28 (b) In all professional use of a social worker's name, the social worker must use
16.29the license designation "LSW" or "licensed social worker" for a licensed social worker,
16.30"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
16.31"LISW" or "licensed independent social worker" for a licensed independent social worker,
16.32or "LICSW" or "licensed independent clinical social worker" for a licensed independent
16.33clinical social worker.
17.1 (c) Public statements or advertisements must not be untruthful, misleading, false,
17.2fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
17.3students, supervisees, or the public.
17.4 (d) A social worker must not:
17.5 (1) use licensure status as a claim, promise, or guarantee of successful service;
17.6 (2) obtain a license by cheating or employing fraud or deception;
17.7 (3) make false statements or misrepresentations to the board or in materials
17.8submitted to the board; or
17.9 (4) engage in conduct that has the potential to deceive or defraud a social work
17.10client, intern, student, supervisee, or the public.
17.11(e) This subdivision expires July 1, 2016.
17.12EFFECTIVE DATE.This section is effective August 1, 2012.
17.13 Sec. 17. Minnesota Statutes 2010, section 148E.195, is amended by adding a
17.14subdivision to read:
17.15 Subd. 2a. Representations. Effective July 1, 2016:
17.16(a) No applicant or other individual may be represented to the public by any title
17.17incorporating the words "social work" or "social worker" unless the individual is employed
17.18by a county or holds a license according to this chapter.
17.19(b) In all professional use of a social worker's name, the social worker must use
17.20the license designation "LSW" or "licensed social worker" for a licensed social worker,
17.21"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
17.22"LISW" or "licensed independent social worker" for a licensed independent social worker,
17.23or "LICSW" or "licensed independent clinical social worker" for a licensed independent
17.24clinical social worker.
17.25(c) Public statements or advertisements must not be untruthful, misleading, false,
17.26fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
17.27students, supervisees, or the public.
17.28(d) A social worker must not:
17.29(1) use licensure status as a claim, promise, or guarantee of successful service;
17.30(2) obtain a license by cheating or employing fraud or deception;
17.31(3) make false statements or misrepresentations to the board or in materials
17.32submitted to the board; or
17.33(4) engage in conduct that has the potential to deceive or defraud a social work
17.34client, intern, student, supervisee, or the public.
18.1EFFECTIVE DATE.This section is effective August 1, 2012.
18.2 Sec. 18. Minnesota Statutes 2010, section 148E.280, is amended to read:
18.3148E.280 USE OF TITLES.
18.4 (a) No individual may be presented to the public by any title incorporating the words
18.5"social work" or "social worker" or in the titles in section148E.195 , unless that individual
18.6holds a license under sections148E.055 and
148E.060 , or practices in a setting exempt
18.7from licensure under section148E.065 .
18.8This paragraph expires July 1, 2016.
18.9(b) Effective July 1, 2016, no individual may be presented to the public by any
18.10title incorporating the words "social work" or "social worker" or in the titles in section
18.11148E.195, unless that individual is employed by a county or holds a license under this
18.12chapter.
18.13EFFECTIVE DATE.This section is effective August 1, 2012.
18.14 Sec. 19. REPEALER.
18.15Minnesota Statutes 2010, section 148E.065, subdivision 3, is repealed August 1,
18.162012.
18.19 Section 1. Minnesota Statutes 2010, section 13.383, subdivision 11a, is amended to
18.20read:
18.21 Subd. 11a. Alcohol and drug counselor licensing; sharing. (a) Sharing of data
18.22collected for licensing of alcohol and drug counselors is governed by section148C.099,
18.23subdivision 2 .
18.24(b) Information obtained as part of an investigation or evaluation of a drug
18.25and alcohol counselor is governed by section 148F.025, subdivision 4, or 148F.090,
18.26subdivision 6.
18.27 Sec. 2. [148F.001] SCOPE.
18.28This chapter applies to all applicants and licensees, all persons who use the title
18.29alcohol and drug counselor, and all persons in or out of this state who provide alcohol
18.30and drug counseling services to clients who reside in this state unless there are specific
18.31applicable exemptions provided by law.
19.1 Sec. 3. [148F.010] DEFINITIONS.
19.2 Subdivision 1. Scope. For purposes of this chapter, the terms in this section have
19.3the meanings given.
19.4 Subd. 2. Abuse. "Abuse" means a maladaptive pattern of substance use leading to
19.5clinically significant impairment or distress, as manifested by one or more of the following
19.6occurring at any time during the same 12-month period:
19.7(1) recurrent substance use resulting in a failure to fulfill major role obligations at
19.8work, school, or home;
19.9(2) recurrent substance use in situations in which it is physically hazardous;
19.10(3) recurrent substance-related legal problems; and
19.11(4) continued substance use despite having persistent or recurrent social or
19.12interpersonal problems caused or exacerbated by the effects of the substance.
19.13 Subd. 3. Accredited school or educational program. "Accredited school or
19.14educational program" means a school of alcohol and drug counseling, university, college,
19.15or other postsecondary education program that, at the time the student completes
19.16the program, is accredited by a regional accrediting association whose standards are
19.17substantially equivalent to those of the North Central Association of Colleges and
19.18Postsecondary Education Institutions or an accrediting association that evaluates schools
19.19of alcohol and drug counseling for inclusion of the education, practicum, and core function
19.20standards in this chapter.
19.21 Subd. 4. Alcohol and drug counseling practicum. "Alcohol and drug counseling
19.22practicum" means formal experience gained by a student and supervised by a person either
19.23licensed under this chapter or exempt under its provisions, as part of an accredited school
19.24or educational program of alcohol and drug counseling.
19.25 Subd. 5. Alcohol and drug counselor. "Alcohol and drug counselor" means a
19.26person who holds a valid license issued under this chapter to engage in the practice of
19.27alcohol and drug counseling.
19.28 Subd. 6. Applicant. "Applicant" means a person seeking a license or temporary
19.29permit under this chapter.
19.30 Subd. 7. Board. "Board" means the Board of Behavioral Health and Therapy
19.31established in section 148B.51.
19.32 Subd. 8. Client. "Client" means an individual who is the recipient of any of the
19.33alcohol and drug counseling services described in this section. Client also means "patient"
19.34as defined in section 144.291, subdivision 2, paragraph (g).
19.35 Subd. 9. Competence. "Competence" means the ability to provide services within
19.36the practice of alcohol and drug counseling as defined in subdivision 18, that:
20.1(1) are rendered with reasonable skill and safety;
20.2(2) meet minimum standards of acceptable and prevailing practice as described
20.3in section 148F.120; and
20.4(3) take into account human diversity.
20.5 Subd. 10. Core functions. "Core functions" means the following services provided
20.6in alcohol and drug treatment:
20.7(1) "screening" means the process by which a client is determined appropriate and
20.8eligible for admission to a particular program;
20.9(2) "intake" means the administrative and initial assessment procedures for
20.10admission to a program;
20.11(3) "orientation" means describing to the client the general nature and goals of the
20.12program; rules governing client conduct and infractions that can lead to disciplinary
20.13action or discharge from the program; in a nonresidential program, the hours during which
20.14services are available; treatment costs to be borne by the client, if any; and client's rights;
20.15(4) "assessment" means those procedures by which a counselor identifies and
20.16evaluates an individual's strengths, weaknesses, problems, and needs to develop a
20.17treatment plan or make recommendations for level of care placement;
20.18(5) "treatment planning" means the process by which the counselor and the client
20.19identify and rank problems needing resolution; establish agreed upon immediate and
20.20long-term goals; and decide on a treatment process and the sources to be utilized;
20.21(6) "counseling" means the utilization of special skills to assist individuals, families,
20.22or groups in achieving objectives through exploration of a problem and its ramifications;
20.23examination of attitudes and feelings; consideration of alternative solutions; and decision
20.24making;
20.25(7) "case management" means activities that bring services, agencies, resources,
20.26or people together within a planned framework of action toward the achievement of
20.27established goals;
20.28(8) "crisis intervention" means those services which respond to an alcohol or other
20.29drug user's needs during acute emotional or physical distress;
20.30(9) "client education" means the provision of information to clients who are
20.31receiving or seeking counseling concerning alcohol and other drug abuse and the available
20.32services and resources;
20.33(10) "referral" means identifying the needs of the client which cannot be met by the
20.34counselor or agency and assisting the client to utilize the support systems and available
20.35community resources;
21.1(11) "reports and record keeping" means charting the results of the assessment
21.2and treatment plan and writing reports, progress notes, discharge summaries, and other
21.3client-related data; and
21.4(12) "consultation with other professionals regarding client treatment and services"
21.5means communicating with other professionals in regard to client treatment and services
21.6to assure comprehensive, quality care for the client.
21.7 Subd. 11. Credential. "Credential" means a license, permit, certification,
21.8registration, or other evidence of qualification or authorization to engage in the practice of
21.9an occupation in any state or jurisdiction.
21.10 Subd. 12. Dependent on the provider. "Dependent on the provider" means that the
21.11nature of a former client's emotional or cognitive condition and the nature of the services
21.12by the provider are such that the provider knows or should have known that the former
21.13client is unable to withhold consent to sexually exploitative behavior by the provider.
21.14 Subd. 13. Familial. "Familial" means of, involving, related to, or common to a
21.15family member as defined in subdivision 14.
21.16 Subd. 14. Family member or member of the family. "Family member" or
21.17"member of the family" means a spouse, parent, offspring, sibling, grandparent,
21.18grandchild, uncle, aunt, niece, or nephew, or an individual who serves in the role of one of
21.19the foregoing.
21.20 Subd. 15. Group clients. "Group clients" means two or more individuals who are
21.21each a corecipient of alcohol and drug counseling services. Group clients may include,
21.22but are not limited to, two or more family members, when each is the direct recipient of
21.23services, or each client receiving group counseling services.
21.24 Subd. 16. Informed consent. "Informed consent" means an agreement between
21.25a provider and a client that authorizes the provider to engage in a professional activity
21.26affecting the client. Informed consent requires:
21.27(1) the provider to give the client sufficient information so the client is able to decide
21.28knowingly whether to agree to the proposed professional activity;
21.29(2) the provider to discuss the information in language that the client can reasonably
21.30be expected to understand; and
21.31(3) the client's consent to be given without undue influence by the provider.
21.32 Subd. 17. Licensee. "Licensee" means a person who holds a valid license under
21.33this chapter.
21.34 Subd. 18. Practice of alcohol and drug counseling. "Practice of alcohol and
21.35drug counseling" means the observation, description, evaluation, interpretation, and
21.36modification of human behavior by the application of core functions as it relates to the
22.1harmful or pathological use or abuse of alcohol or other drugs. The practice of alcohol
22.2and drug counseling includes, but is not limited to, the following activities, regardless of
22.3whether the counselor receives compensation for the activities:
22.4(1) assisting clients who use alcohol or drugs, evaluating that use, and recognizing
22.5dependency if it exists;
22.6(2) assisting clients with alcohol or other drug problems to gain insight and
22.7motivation aimed at resolving those problems;
22.8(3) providing experienced professional guidance, assistance, and support for the
22.9client's efforts to develop and maintain a responsible functional lifestyle;
22.10(4) recognizing problems outside the scope of the counselor's training, skill, or
22.11competence and referring the client to other appropriate professional services;
22.12(5) diagnosing the level of alcohol or other drug use involvement to determine the
22.13level of care;
22.14(6) individual planning to prevent a return to harmful alcohol or chemical use;
22.15(7) alcohol and other drug abuse education for clients;
22.16(8) consultation with other professionals;
22.17(9) gaining diversity awareness through ongoing training and education; and
22.18(10) providing the above services, as needed, to family members or others who are
22.19directly affected by someone using alcohol or other drugs.
22.20 Subd. 19. Practice foundation. "Practice foundation" means that an alcohol and
22.21drug counseling service or continuing education activity is based upon observations,
22.22methods, procedures, or theories that are generally accepted by the professional
22.23community in alcohol and drug counseling.
22.24 Subd. 20. Private information. "Private information" means any information,
22.25including, but not limited to, client records as defined in section 148F.150, test results,
22.26or test interpretations developed during a professional relationship between a provider
22.27and a client.
22.28 Subd. 21. Provider. "Provider" means a licensee, a temporary permit holder, or an
22.29applicant.
22.30 Subd. 22. Public statement. "Public statement" means any statement,
22.31communication, or representation, by a provider to the public regarding the provider or
22.32the provider's professional services or products. Public statements include, but are not
22.33limited to, advertising, representations in reports or letters, descriptions of credentials
22.34and qualifications, brochures and other descriptions of services, directory listings,
22.35personal resumes or curricula vitae, comments for use in the media, Web sites, grant and
22.36credentialing applications, or product endorsements.
23.1 Subd. 23. Report. "Report" means any written or oral professional communication,
23.2including a letter, regarding a client or subject that includes one or more of the following:
23.3historical data, behavioral observations, opinions, diagnostic or evaluative statements,
23.4or recommendations. The testimony of a provider as an expert or fact witness in a
23.5legal proceeding also constitutes a report. For purposes of this chapter, letters of
23.6recommendation for academic or career purposes are not considered reports.
23.7 Subd. 24. Significant risks and benefits. "Significant risks and benefits" means
23.8those risks and benefits that are known or reasonably foreseeable by the provider,
23.9including the possible range and likelihood of outcomes, and that are necessary for the
23.10client to know in order to decide whether to give consent to proposed services or to
23.11reasonable alternative services.
23.12 Subd. 25. Student. "Student" means an individual who is enrolled in a program in
23.13alcohol and drug counseling at an accredited educational institution, or who is taking an
23.14alcohol and drug counseling course or practicum for credit.
23.15 Subd. 26. Supervisee. "Supervisee" means an individual whose supervision is
23.16required to obtain credentialing by a licensure board or to comply with a board order.
23.17 Subd. 27. Supervisor. "Supervisor" means a licensed alcohol and drug counselor
23.18licensed under this chapter or other licensed professional practicing alcohol and drug
23.19counseling under section 148F.110, who meets the requirements of section 148F.040,
23.20subdivision 3, and who provides supervision to persons seeking licensure under section
23.21148F.025, subdivision 3, paragraph (2), clause (ii).
23.22 Subd. 28. Test. "Test" means any instrument, device, survey, questionnaire,
23.23technique, scale, inventory, or other process which is designed or constructed for the
23.24purpose of measuring, evaluating, assessing, describing, or predicting personality,
23.25behavior, traits, cognitive functioning, aptitudes, attitudes, skills, values, interests,
23.26abilities, or other characteristics of individuals.
23.27 Subd. 29. Unprofessional conduct. "Unprofessional conduct" means any conduct
23.28violating sections 148F.001 to 148F.205, or any conduct that fails to conform to the
23.29minimum standards of acceptable and prevailing practice necessary for the protection
23.30of the public.
23.31 Subd. 30. Variance. "Variance" means board-authorized permission to comply with
23.32a law or rule in a manner other than that generally specified in the law or rule.
23.33 Sec. 4. [148F.015] DUTIES OF THE BOARD.
23.34The board shall:
24.1(1) adopt and enforce rules for licensure and regulation of alcohol and drug
24.2counselors and temporary permit holders, including a standard disciplinary process and
24.3rules of professional conduct;
24.4(2) issue licenses and temporary permits to qualified individuals under sections
24.5148F.001 to 148F.205;
24.6(3) carry out disciplinary actions against licensees and temporary permit holders;
24.7(4) educate the public about the existence and content of the regulations for alcohol
24.8and drug counselor licensing to enable consumers to file complaints against licensees who
24.9may have violated the rules; and
24.10(5) collect nonrefundable license fees for alcohol and drug counselors.
24.11 Sec. 5. [148F.020] DUTY TO MAINTAIN CURRENT INFORMATION.
24.12All individuals licensed as alcohol and drug counselors, all individuals with
24.13temporary permits, and all applicants for licensure must notify the board within 30 days
24.14of the occurrence of any of the following:
24.15(1) a change of name, address, place of employment, and home or business
24.16telephone number; and
24.17(2) a change in any other application information.
24.18 Sec. 6. [148F.025] REQUIREMENTS FOR LICENSURE.
24.19 Subdivision 1. Form; fee. Individuals seeking licensure as a licensed alcohol and
24.20drug counselor shall fully complete and submit a notarized written application on forms
24.21provided by the board together with the appropriate fee in the amount set under section
24.22148F.115. No portion of the fee is refundable.
24.23 Subd. 2. Education requirements for licensure. An applicant for licensure must
24.24submit evidence satisfactory to the board that the applicant has:
24.25(1) received a bachelor's degree from an accredited school or educational program;
24.26and
24.27(2) received 18 semester credits or 270 clock hours of academic course work and
24.28880 clock hours of supervised alcohol and drug counseling practicum from an accredited
24.29school or education program. The course work and practicum do not have to be part of
24.30the bachelor's degree earned under clause (1). The academic course work must be in
24.31the following areas:
24.32(i) an overview of the transdisciplinary foundations of alcohol and drug counseling,
24.33including theories of chemical dependency, the continuum of care, and the process of
24.34change;
25.1(ii) pharmacology of substance abuse disorders and the dynamics of addiction,
25.2including medication-assisted therapy;
25.3(iii) professional and ethical responsibilities;
25.4(iv) multicultural aspects of chemical dependency;
25.5(v) co-occurring disorders; and
25.6(vi) the core functions defined in section 148F.010, subdivision 10.
25.7 Subd. 3. Examination requirements for licensure. (a) To be eligible for licensure,
25.8the applicant must:
25.9(1) satisfactorily pass the International Certification and Reciprocity Consortium
25.10Alcohol and Other Drug Abuse Counselor (IC&RC AODA) written examination adopted
25.11June 2008, or other equivalent examination as determined by the board; or
25.12(2) satisfactorily pass a written examination for licensure as an alcohol and drug
25.13counselor, as determined by the board, and one of the following:
25.14(i) complete a written case presentation and pass an oral examination that
25.15demonstrates competence in the core functions as defined in section 148F.010, subdivision
25.1610; or
25.17(ii) complete 2,000 hours of postdegree supervised professional practice under
25.18section 148F.040.
25.19 Subd. 4. Background investigation. The applicant must sign a release authorizing
25.20the board to obtain information from the Bureau of Criminal Apprehension, the
25.21Department of Human Services, the Office of Health Facilities Complaints, and other
25.22agencies specified by the board. After the board has given written notice to an individual
25.23who is the subject of a background investigation, the agencies shall assist the board with
25.24the investigation by giving the board criminal conviction data, reports about substantiated
25.25maltreatment of minors and vulnerable adults, and other information. The board may
25.26contract with the commissioner of human services to obtain criminal history data from the
25.27Bureau of Criminal Apprehension. Information obtained under this subdivision is private
25.28data on individuals as defined in section 13.02, subdivision 12.
25.29 Sec. 7. [148F.030] RECIPROCITY.
25.30(a) An individual who holds a current license or national certification as an alcohol
25.31and drug counselor from another jurisdiction must file with the board a completed
25.32application for licensure by reciprocity containing the information required in this section.
25.33(b) The applicant must request the credentialing authority of the jurisdiction in
25.34which the credential is held to send directly to the board a statement that the credential
25.35is current and in good standing, the applicant's qualifications that entitled the applicant
26.1to the credential, and a copy of the jurisdiction's credentialing laws and rules that were
26.2in effect at the time the applicant obtained the credential.
26.3(c) The board shall issue a license if the board finds that the requirements which
26.4the applicant met to obtain the credential from the other jurisdiction were substantially
26.5similar to the current requirements for licensure in this chapter and that the applicant is not
26.6otherwise disqualified under section 148F.090.
26.7 Sec. 8. [148F.035] TEMPORARY PERMIT.
26.8(a) The board may issue a temporary permit to practice alcohol and drug counseling
26.9to an individual prior to being licensed under this chapter if the person:
26.10(1) received an associate degree, or an equivalent number of credit hours, completed
26.11880 clock hours of supervised alcohol and drug counseling practicum, and 18 semester
26.12credits or 270 clock hours of academic course work in alcohol and drug counseling from
26.13an accredited school or education program; and
26.14(2) completed academic course work in the following areas:
26.15(i) overview of the transdisciplinary foundations of alcohol and drug counseling,
26.16including theories of chemical dependency, the continuum of care, and the process of
26.17change;
26.18(ii) pharmacology of substance abuse disorders and the dynamics of addiction,
26.19including medication-assisted therapy;
26.20(iii) professional and ethical responsibilities;
26.21(iv) multicultural aspects of chemical dependency;
26.22(v) co-occurring disorders; and
26.23(vi) core functions defined in section 148F.010, subdivision 10.
26.24(b) An individual seeking a temporary permit shall fully complete and submit
26.25a notarized written application on forms provided by the board together with the
26.26nonrefundable temporary permit fee specified in section 148F.115, subdivision 3, clause
26.27(1).
26.28(c) An individual practicing under this section:
26.29(1) must be supervised by a licensed alcohol and drug counselor or other licensed
26.30professional practicing alcohol and drug counseling under section 148F.110, subdivision 1;
26.31(2) is subject to all statutes and rules to the same extent as an individual who is
26.32licensed under this chapter, except the individual is not subject to the continuing education
26.33requirements of section 148F.075; and
26.34(3) must use the title "Alcohol and Drug Counselor-Trainee" or the letters "ADC-T"
26.35in professional activities.
27.1(d)(1) An individual practicing with a temporary permit must submit a renewal
27.2application annually on forms provided by the board with the renewal fee required in
27.3section 148F.115, subdivision 3.
27.4(2) A temporary permit is automatically terminated if not renewed, upon a change in
27.5supervision, or upon the granting or denial by the board of the applicant's application for
27.6licensure as an alcohol and drug counselor.
27.7(3) A temporary permit may be renewed no more than five times.
27.8 Sec. 9. [148F.040] SUPERVISED POSTDEGREE PROFESSIONAL PRACTICE.
27.9 Subdivision 1. Supervision. For the purposes of this section, "supervision" means
27.10documented interactive consultation, which, subject to the limitations of subdivision 4,
27.11paragraph (b), may be conducted in person, by telephone, or by audio or audiovisual
27.12electronic device by a supervisor with a supervisee. The supervision must be adequate to
27.13ensure the quality and competence of the activities supervised. Supervisory consultation
27.14must include discussions on the nature and content of the practice of the supervisee,
27.15including, but not limited to, a review of a representative sample of alcohol and drug
27.16counseling services in the supervisee's practice.
27.17 Subd. 2. Postdegree professional practice. "Postdegree professional practice"
27.18means paid or volunteer work experience and training following graduation from an
27.19accredited school or educational program that involves professional oversight by a
27.20supervisor approved by the board and that satisfies the supervision requirements in
27.21subdivision 4.
27.22 Subd. 3. Supervisor requirements. For the purposes of this section, a supervisor
27.23shall:
27.24(1) be a licensed alcohol and drug counselor or other qualified professional as
27.25determined by the board;
27.26(2) have three years of experience providing alcohol and drug counseling services;
27.27and
27.28(3) have received a minimum of 12 hours of training in clinical and ethical
27.29supervision, which may include course work, continuing education courses, workshops,
27.30or a combination thereof.
27.31 Subd. 4. Supervised practice requirements for licensure. (a) The content of
27.32supervision must include:
27.33(1) knowledge, skills, values, and ethics with specific application to the practice
27.34issues faced by the supervisee, including the core functions in section 148F.010,
27.35subdivision 10;
28.1(2) the standards of practice and ethical conduct, with particular emphasis given to
28.2the counselor's role and appropriate responsibilities, professional boundaries, and power
28.3dynamics; and
28.4(3) the supervisee's permissible scope of practice, as defined in section 148F.010,
28.5subdivision 18.
28.6(b) The supervision must be obtained at the rate of one hour of supervision per 40
28.7hours of professional practice, for a total of 50 hours of supervision. The supervision must
28.8be evenly distributed over the course of the supervised professional practice. At least 75
28.9percent of the required supervision hours must be received in person. The remaining 25
28.10percent of the required hours may be received by telephone or by audio or audiovisual
28.11electronic device. At least 50 percent of the required hours of supervision must be received
28.12on an individual basis. The remaining 50 percent may be received in a group setting.
28.13(c) The supervision must be completed in no fewer than 12 consecutive months
28.14and no more than 36 consecutive months.
28.15(d) The applicant shall include with an application for licensure a verification of
28.16completion of the 2,000 hours of supervised professional practice. Verification must be
28.17on a form specified by the board. The supervisor shall verify that the supervisee has
28.18completed the required hours of supervision according to this section. The supervised
28.19practice required under this section is unacceptable if the supervisor attests that the
28.20supervisee's performance, competence, or adherence to the standards of practice and
28.21ethical conduct has been unsatisfactory.
28.22 Sec. 10. [148F.045] ALCOHOL AND DRUG COUNSELOR TECHNICIAN.
28.23An alcohol and drug counselor technician may perform the screening, intake, and
28.24orientation services described in section 148F.010, subdivision 10, clauses (1), (2), and
28.25(3), while under the direct supervision of a licensed alcohol and drug counselor.
28.26 Sec. 11. [148F.050] LICENSE RENEWAL REQUIREMENTS.
28.27 Subdivision 1. Biennial renewal. A license must be renewed every two years.
28.28 Subd. 2. License renewal notice. At least 60 calendar days before the renewal
28.29deadline date, the board shall mail a renewal notice to the licensee's last known address
28.30on file with the board. The notice must include instructions for accessing an online
28.31application for license renewal, the renewal deadline, and notice of fees required for
28.32renewal. The licensee's failure to receive notice does not relieve the licensee of the
28.33obligation to meet the renewal deadline and other requirements for license renewal.
29.1 Subd. 3. Renewal requirements. (a) To renew a license, a licensee must submit to
29.2the board:
29.3(1) a completed, signed, and notarized application for license renewal;
29.4(2) the renewal fee required under section 148F.115, subdivision 2; and
29.5(3) evidence satisfactory to the board that the licensee has completed 40 clock
29.6hours of continuing education during the preceding two year renewal period that meet the
29.7requirements of section 148F.075.
29.8(b) The application must be postmarked or received by the board by the end of the
29.9day on which the license expires or the following business day if the expiration date
29.10falls on a Saturday, Sunday, or holiday. An application which is not completed, signed,
29.11notarized, or which is not accompanied by the correct fee, is void and must be returned
29.12to the licensee.
29.13 Subd. 4. Pending renewal. If a licensee's application for license renewal is
29.14postmarked or received by the board by the end of the business day on the expiration date
29.15of the license, the licensee may continue to practice after the expiration date while the
29.16application for license renewal is pending with the board.
29.17 Subd. 5. Late renewal fee. If the application for license renewal is postmarked or
29.18received after the expiration date, the licensee shall pay a late fee as specified by section
29.19148F.115, subdivision 5, clause (1), in addition to the renewal fee, before the application
29.20for license renewal will be considered by the board.
29.21 Sec. 12. [148F.055] EXPIRED LICENSE.
29.22 Subdivision 1. Expiration of license. A licensee who fails to submit an application
29.23for license renewal, or whose application for license renewal is not postmarked or received
29.24by the board as required, is not authorized to practice after the expiration date and is
29.25subject to disciplinary action by the board for any practice after the expiration date.
29.26 Subd. 2. Termination for nonrenewal. (a) Within 30 days after the renewal date, a
29.27licensee who has not renewed the license shall be notified by letter sent to the last known
29.28address of the licensee in the board's file that the renewal is overdue and that failure to
29.29pay the current fee and current late fee within 60 days after the renewal date will result in
29.30termination of the license.
29.31(b) The board shall terminate the license of a licensee whose license renewal is at
29.32least 60 days overdue and to whom notification has been sent as provided in paragraph
29.33(a). Failure of a licensee to receive notification is not grounds for later challenge of the
29.34termination. The former licensee shall be notified of the termination by letter within seven
29.35days after the board action, in the same manner as provided in paragraph (a).
30.1 Sec. 13. [148F.060] VOLUNTARY TERMINATION.
30.2A license may be voluntarily terminated by the licensee at any time upon written
30.3notification to the board, unless a complaint is pending against the licensee. The
30.4notification must be received by the board prior to termination of the license for failure to
30.5renew. A former licensee may be licensed again only after complying with the relicensure
30.6following termination requirements under section 148F.065. For purposes of this section,
30.7the board retains jurisdiction over any licensee whose license has been voluntarily
30.8terminated and against whom the board receives a complaint for conduct occurring during
30.9the period of licensure.
30.10 Sec. 14. [148F.065] RELICENSURE FOLLOWING TERMINATION.
30.11 Subdivision 1. Relicensure. For a period of two years, a former licensee whose
30.12license has been voluntarily terminated or terminated for nonrenewal as provided in
30.13section 148F.055, subdivision 2, may be relicensed by completing an application for
30.14relicensure, paying the applicable fee, and verifying that the former licensee has not
30.15engaged in the practice of alcohol and drug counseling in this state since the date of
30.16termination. The verification must be accompanied by a notarized affirmation that the
30.17statement is true and correct to the best knowledge and belief of the former licensee.
30.18 Subd. 2. Continuing education for relicensure. A former licensee seeking
30.19relicensure after license termination must provide evidence of having completed at least
30.2020 hours of continuing education activities for each year, or portion thereof, that the
30.21former licensee did not hold a license.
30.22 Subd. 3. Cancellation of license. The board shall not renew, reissue, reinstate,
30.23or restore the license of a former licensee which was terminated for nonrenewal, or
30.24voluntarily terminated, and for which relicensure was not sought for more than two years
30.25from the date the license was terminated for nonrenewal, or voluntarily terminated. A
30.26former licensee seeking relicensure after this two-year period must obtain a new license
30.27by applying for licensure and fulfilling all requirements then in existence for an initial
30.28license to practice alcohol and drug counseling in Minnesota.
30.29 Sec. 15. [148F.070] INACTIVE LICENSE STATUS.
30.30 Subdivision 1. Request for inactive status. Unless a complaint is pending against
30.31the licensee, a licensee whose license is in good standing may request, in writing, that the
30.32license be placed on the inactive list. If a complaint is pending against a licensee, a license
30.33may not be placed on the inactive list until action relating to the complaint is concluded.
30.34The board must receive the request for inactive status before expiration of the license, or
31.1the person must pay the late fee. A licensee may renew a license that is inactive under this
31.2subdivision by meeting the renewal requirements of subdivision 2. A licensee must not
31.3practice alcohol and drug counseling while the license is inactive.
31.4 Subd. 2. Renewal of inactive license. A licensee whose license is inactive must
31.5renew the inactive status by the inactive status expiration date determined by the board,
31.6or the license will expire. An application for renewal of inactive status must include
31.7evidence satisfactory to the board that the licensee has completed 40 clock hours of
31.8continuing education required in section 148F.075. Late renewal of inactive status must be
31.9accompanied by a late fee as required in section 148F.115, subdivision 5, paragraph (2).
31.10 Sec. 16. [148F.075] CONTINUING EDUCATION REQUIREMENTS.
31.11 Subdivision 1. Purpose. (a) The purpose of mandatory continuing education is to
31.12promote the professional development of alcohol and drug counselors so that the services
31.13they provide promote the health and well-being of clients who receive services.
31.14(b) Continued professional growth and maintaining competence in providing alcohol
31.15and drug counseling services are the ethical responsibilities of each licensee.
31.16 Subd. 2. Requirement. Every two years, all licensees must complete a minimum
31.17of 40 clock hours of continuing education activities that meet the requirements in this
31.18section. The 40 clock hours shall include a minimum of nine clock hours on diversity,
31.19and a minimum of three clock hours on professional ethics. Diversity training includes,
31.20but is not limited to, the topics listed in Minnesota Rules, part 4747.1100, subpart 2.
31.21A licensee may be given credit only for activities that directly relate to the practice
31.22of alcohol and drug counseling.
31.23 Subd. 3. Standards for approval. In order to obtain clock hour credit for a
31.24continuing education activity, the activity must:
31.25(1) constitute an organized program of learning;
31.26(2) reasonably be expected to advance the knowledge and skills of the alcohol
31.27and drug counselor;
31.28(3) pertain to subjects that directly relate to the practice of alcohol and drug
31.29counseling;
31.30(4) be conducted by individuals who have education, training, and experience and
31.31are knowledgeable about the subject matter; and
31.32(5) be presented by a sponsor who has a system to verify participation and maintains
31.33attendance records for three years, unless the sponsor provides dated evidence to each
31.34participant with the number of clock hours awarded.
31.35 Subd. 4. Qualifying activities. Clock hours may be earned through the following:
32.1(1) attendance at educational programs of annual conferences, lectures, panel
32.2discussions, workshops, in-service training, seminars, and symposia;
32.3(2) successful completion of college or university courses offered by a regionally
32.4accredited school or education program, if not being taken in order to meet the educational
32.5requirements for licensure under this chapter. The licensee must obtain a grade of at least
32.6a "C" or its equivalent or a pass in a pass/fail course in order to receive the following
32.7continuing education credits:
32.8(i) one semester credit equals 15 clock hours;
32.9(ii) one trimester credit equals 12 clock hours;
32.10(iii) one quarter credit equals 10 clock hours;
32.11(3) successful completion of home study or online courses offered by an accredited
32.12school or education program and that require a licensee to demonstrate knowledge
32.13following completion of the course;
32.14(4) teaching a course at a regionally accredited institution of higher education. To
32.15qualify for continuing education credit, the course must directly relate to the practice of
32.16alcohol and drug counseling, as determined by the board. Continuing education hours may
32.17be earned only for the first time the licensee teaches the course. Ten continuing education
32.18hours may be earned for each semester credit hour taught; or
32.19(5) presentations at workshops, seminars, symposia, meetings of professional
32.20organizations, in-service trainings, or postgraduate institutes. The presentation must be
32.21related to alcohol and drug counseling. A presenter may claim one hour of continuing
32.22education for each hour of presentation time. A presenter may also receive continuing
32.23education hours for development time at the rate of three hours for each hour of
32.24presentation time. Continuing education hours may be earned only for the licensee's
32.25first presentation on the subject developed.
32.26 Subd. 5. Activities not qualifying for continuing education clock hours.
32.27Approval shall not be given for courses that do not meet the requirements of this section
32.28or are limited to the following:
32.29(1) any subject contrary to the rules of professional conduct;
32.30(2) supervision of personnel;
32.31(3) entertainment or recreational activities;
32.32(4) employment orientation sessions;
32.33(5) policy meetings;
32.34(6) marketing;
32.35(7) business;
32.36(8) first aid, CPR, and similar training classes; and
33.1(9) training related to payment systems, including covered services, coding, and
33.2billing.
33.3 Subd. 6. Documentation of reporting compliance. (a) When the licensee applies
33.4for renewal of the license, the licensee must complete and submit an affidavit of continuing
33.5education compliance showing that the licensee has completed a minimum of 40 approved
33.6continuing education clock hours since the last renewal. Failure to submit the affidavit
33.7when required makes the licensee's renewal application incomplete and void.
33.8(b) All licensees shall retain original documentation of completion of continuing
33.9education hours for a period of five years. For purposes of compliance with this section, a
33.10receipt for payment of the fee for the course is not sufficient evidence of completion of the
33.11required hours of continuing education. Information retained shall include:
33.12(1) the continuing education activity title;
33.13(2) a brief description of the continuing education activity;
33.14(3) the sponsor, presenter, or author;
33.15(4) the location and the dates attended;
33.16(5) the number of clock hours; and
33.17(6) the certificate of attendance, if applicable.
33.18(c) Only continuing education obtained during the two-year reporting period may be
33.19considered at the time of reporting.
33.20 Subd. 7. Continuing education audit. (a) At the time of renewal, the board may
33.21randomly audit a percentage of its licensees for compliance with continuing education
33.22requirements.
33.23(b) The board shall mail a notice to a licensee selected for an audit of continuing
33.24education hours. The notice must include the reporting periods selected for audit.
33.25(c) Selected licensees shall submit copies of the original documentation of completed
33.26continuing education hours. Upon specific request, the licensee shall submit original
33.27documentation. Failure to submit required documentation shall result in the renewal
33.28application being considered incomplete and void and constitute grounds for nonrenewal
33.29of the license and disciplinary action.
33.30 Subd. 8. Variance of continuing education requirements. (a) If a licensee is
33.31unable to meet the continuing education requirements by the renewal date, the licensee
33.32may request a time-limited variance to fulfill the requirements after the renewal date. A
33.33licensee seeking a variance is considered to be renewing late and is subject to the late
33.34renewal fee, regardless of when the request is received or whether the variance is granted.
33.35(b) The licensee shall submit the variance request on a form designated by the board,
33.36include the variance fee subject to section 14.056, subdivision 2, and the late fee for
34.1license renewal under section 148F.115. The variance request is subject to the criteria for
34.2rule variances in section 14.055, subdivision 4, and must include a written plan listing
34.3the activities offered to meet the requirement. Hours completed after the renewal date
34.4pursuant to the written plan count toward meeting only the requirements of the previous
34.5renewal period.
34.6(c) A variance granted under this subdivision expires six months after the license
34.7renewal date. A licensee who is granted a variance but fails to complete the required
34.8continuing education within the six-month period may apply for a second variance
34.9according to this subdivision.
34.10(d) If an initial variance request is denied, the license of the licensee shall not be
34.11renewed until the licensee completes the continuing education requirements. If an initial
34.12variance is granted, and the licensee fails to complete the required continuing education
34.13within the six-month period, the license shall be administratively suspended until the
34.14licensee completes the required continuing education, unless the licensee has obtained a
34.15second variance according to paragraph (c).
34.16 Sec. 17. [148F.080] SPONSOR'S APPLICATION FOR APPROVAL.
34.17 Subdivision 1. Content. Individuals, organizations, associations, corporations,
34.18educational institutions, or groups intending to offer continuing education activities for
34.19approval must submit to the board the sponsor application fee and a completed application
34.20for approval on a form provided by the board. The sponsor must comply with the
34.21following to receive and maintain approval:
34.22(1) submit the application for approval at least 60 days before the activity is
34.23scheduled to begin; and
34.24(2) include the following information in the application for approval to enable the
34.25board to determine whether the activity complies with section 148F.075:
34.26(i) a statement of the objectives of the activity and the knowledge the participants
34.27will have gained upon completion of the activity;
34.28(ii) a description of the content and methodology of the activity which will allow the
34.29participants to meet the objectives;
34.30(iii) a description of the method the participants will use to evaluate the activity;
34.31(iv) a list of the qualifications of each instructor or developer that shows the
34.32instructor's or developer's current knowledge and skill in the activity's subject;
34.33(v) a description of the certificate or other form of verification of attendance
34.34distributed to each participant upon successful completion of the activity;
35.1(vi) the sponsor's agreement to retain attendance lists for a period of five years
35.2from the date of the activity; and
35.3(vii) a copy of any proposed advertisement or other promotional literature.
35.4 Subd. 2. Approval expiration. If the board approves an activity it shall assign the
35.5activity a number. The approval remains in effect for one year from the date of initial
35.6approval. Upon expiration, a sponsor must submit a new application for activity approval
35.7to the board as required by subdivision 1.
35.8 Subd. 3. Statement of board approval. Each sponsor of an approved activity shall
35.9include in any promotional literature a statement that "This activity has been approved by
35.10the Minnesota Board of Behavioral Health and Therapy for ... hours of credit."
35.11 Subd. 4. Changes. The activity sponsor must submit proposed changes in an
35.12approved activity to the board for its approval.
35.13 Subd. 5. Denial of approval. The board shall not approve an activity if it does not
35.14meet the continuing education requirements in section 148F.075. The board shall notify
35.15the sponsor in writing of its reasons for denial.
35.16 Subd. 6. Revocation of approval. The board shall revoke its approval of an activity
35.17if a sponsor falsifies information contained in its application for approval, or if a sponsor
35.18fails to notify the board of changes to an approved activity as required in subdivision 4.
35.19 Sec. 18. [148F.085] NONTRANSFERABILITY OF LICENSES.
35.20An alcohol and drug counselor license is not transferable.
35.21 Sec. 19. [148F.090] DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
35.22 Subdivision 1. Grounds. The board may impose disciplinary action as described
35.23in subdivision 2 against an applicant or licensee whom the board, by a preponderance of
35.24the evidence, determines:
35.25(1) has violated a statute, rule, or order that the board issued or is empowered to
35.26enforce;
35.27(2) has engaged in fraudulent, deceptive, or dishonest conduct, whether or not the
35.28conduct relates to the practice of licensed alcohol and drug counseling that adversely
35.29affects the person's ability or fitness to practice alcohol and drug counseling;
35.30(3) has engaged in unprofessional conduct or any other conduct which has the
35.31potential for causing harm to the public, including any departure from or failure to
35.32conform to the minimum standards of acceptable and prevailing practice without actual
35.33injury having to be established;
36.1(4) has been convicted of or has pled guilty or nolo contendere to a felony or gross
36.2misdemeanor reasonably related to the provision of alcohol and drug counseling services,
36.3or has been shown to have engaged in acts or practices tending to show that the applicant
36.4or licensee is incompetent or has engaged in conduct reflecting adversely on the applicant's
36.5or licensee's ability or fitness to engage in the practice of alcohol and drug counseling;
36.6(5) has employed fraud or deception in obtaining or renewing a license, or in
36.7passing an examination;
36.8(6) has had any license, certificate, registration, privilege to take an examination,
36.9or other similar authority denied, revoked, suspended, canceled, limited, or not renewed
36.10for cause in any jurisdiction or has surrendered or voluntarily terminated a license or
36.11certificate during a board investigation of a complaint, as part of a disciplinary order, or
36.12while under a disciplinary order;
36.13(7) has failed to meet any requirement for the issuance or renewal of the person's
36.14license. The burden of proof is on the applicant or licensee to demonstrate the
36.15qualifications or satisfy the requirements for a license under this chapter;
36.16(8) has failed to cooperate with an investigation by the board;
36.17(9) has demonstrated an inability to practice alcohol and drug counseling with
36.18reasonable skill and safety as a result of illness, use of alcohol, drugs, chemicals, or any
36.19other materials, or as a result of any mental, physical, or psychological condition;
36.20(10) has engaged in conduct with a client that is sexual or may reasonably be
36.21interpreted by the client as sexual, or in any verbal behavior that is seductive or sexually
36.22demeaning to a client;
36.23(11) has been subject to a corrective action or similar, nondisciplinary action in
36.24another jurisdiction or by another regulatory authority;
36.25(12) has been adjudicated as mentally incompetent, mentally ill, or developmentally
36.26disabled or as a chemically dependent person, a person dangerous to the public, a sexually
36.27dangerous person, or a person who has a sexual psychopathic personality by a court
36.28of competent jurisdiction within this state or an equivalent adjudication from another
36.29state. Adjudication automatically suspends a license for the duration thereof unless the
36.30board orders otherwise;
36.31(13) fails to comply with a client's request for health records made under sections
36.32144.291 to 144.298, or to furnish a client record or report required by law;
36.33(14) has engaged in abusive or fraudulent billing practices, including violations of
36.34the federal Medicare and Medicaid laws or state medical assistance laws; or
36.35(15) has engaged in fee splitting. This clause does not apply to the distribution
36.36of revenues from a partnership, group practice, nonprofit corporation, or professional
37.1corporation to its partners, shareholders, members, or employees if the revenues consist
37.2only of fees for services performed by the licensee or under a licensee's administrative
37.3authority. Fee splitting includes, but is not limited to:
37.4(i) dividing fees with another person or a professional corporation, unless the
37.5division is in proportion to the services provided and the responsibility assumed by
37.6each professional;
37.7(ii) referring a client to any health care provider as defined in sections 144.291 to
37.8144.298 in which the referring licensee has a significant financial interest, unless the
37.9licensee has disclosed in advance to the client the licensee's own financial interest; or
37.10(iii) paying, offering to pay, receiving, or agreeing to receive a commission, rebate,
37.11or remuneration, directly or indirectly, primarily for the referral of clients.
37.12 Subd. 2. Forms of disciplinary action. If grounds for disciplinary action exist
37.13under subdivision 1, the board may take one or more of the following actions:
37.14(1) refuse to grant or renew a license;
37.15(2) revoke a license;
37.16(3) suspend a license;
37.17(4) impose limitations or conditions on a licensee's practice of alcohol and drug
37.18counseling, including, but not limited to, limiting the scope of practice to designated
37.19competencies, imposing retraining or rehabilitation requirements, requiring the licensee to
37.20practice under supervision, or conditioning continued practice on the demonstration of
37.21knowledge or skill by appropriate examination or other review of skill and competence;
37.22(5) censure or reprimand the licensee;
37.23(6) impose a civil penalty not exceeding $10,000 for each separate violation,
37.24the amount of the civil penalty to be fixed so as to deprive the applicant or licensee
37.25of any economic advantage gained by reason of the violation charged, to discourage
37.26similar violations or to reimburse the board for the cost of the investigation and
37.27proceeding, including, but not limited to, fees paid for services provided by the Office of
37.28Administrative Hearings, legal and investigative services provided by the Office of the
37.29Attorney General, court reporters, witnesses, reproduction of records, board members' per
37.30diem compensation, board staff time, and travel costs and expenses incurred by board staff
37.31and board members; or
37.32(7) any other action justified by the case.
37.33 Subd. 3. Evidence. In disciplinary actions alleging violations of subdivision 1,
37.34clause (4), (12), or (14), a copy of the judgment or proceedings under the seal of the court
37.35administrator or of the administrative agency that entered the judgment or proceeding
38.1is admissible into evidence without further authentication and constitutes prima facie
38.2evidence of its contents.
38.3 Subd. 4. Temporary suspension. (a) In addition to any other remedy provided by
38.4law, the board may issue an order to temporarily suspend the credentials of a licensee after
38.5conducting a preliminary inquiry to determine if the board reasonably believes that the
38.6licensee has violated a statute or rule that the board is empowered to enforce and whether
38.7continued practice by the licensee would create an imminent risk of harm to others.
38.8(b) The order may prohibit the licensee from engaging in the practice of alcohol
38.9and drug counseling in whole or in part and may condition the end of a suspension on
38.10the licensee's compliance with a statute, rule, or order that the board has issued or is
38.11empowered to enforce.
38.12(c) The order shall give notice of the right to a hearing according to this subdivision
38.13and shall state the reasons for the entry of the order.
38.14(d) Service of the order is effective when the order is served on the licensee
38.15personally or by certified mail, which is complete upon receipt, refusal, or return for
38.16nondelivery to the most recent address of the licensee provided to the board.
38.17(e) At the time the board issues a temporary suspension order, the board shall
38.18schedule a hearing to be held before its own members. The hearing shall begin no later
38.19than 60 days after issuance of the temporary suspension order or within 15 working
38.20days of the date of the board's receipt of a request for hearing by a licensee, on the sole
38.21issue of whether there is a reasonable basis to continue, modify, or lift the temporary
38.22suspension. The hearing is not subject to chapter 14. Evidence presented by the board
38.23or the licensee shall be in affidavit form only. The licensee or counsel of record may
38.24appear for oral argument.
38.25(f) Within five working days of the hearing, the board shall issue its order and, if the
38.26suspension is continued, schedule a contested case hearing within 30 days of the issuance
38.27of the order. Notwithstanding chapter 14, the administrative law judge shall issue a report
38.28within 30 days after closing the contested case hearing record. The board shall issue a
38.29final order within 30 days of receipt of the administrative law judge's report.
38.30 Subd. 5. Automatic suspension. (a) The right to practice is automatically
38.31suspended when:
38.32(1) a guardian of an alcohol and drug counselor is appointed by order of a district
38.33court under sections 524.5-101 to 524.5-502; or
38.34(2) the counselor is committed by order of a district court under chapter 253B.
39.1(b) The right to practice remains suspended until the counselor is restored to capacity
39.2by a court and, upon petition by the counselor, the suspension is terminated by the board
39.3after a hearing or upon agreement between the board and the counselor.
39.4 Subd. 6. Mental, physical, or chemical health evaluation. (a) If the board has
39.5probable cause to believe that an applicant or licensee is unable to practice alcohol and
39.6drug counseling with reasonable skill and safety due to a mental or physical illness or
39.7condition, the board may direct the individual to submit to a mental, physical, or chemical
39.8dependency examination or evaluation.
39.9(1) For the purposes of this section, every licensee and applicant is deemed to
39.10have consented to submit to a mental, physical, or chemical dependency examination or
39.11evaluation when directed in writing by the board and to have waived all objections to the
39.12admissibility of the examining professionals' testimony or examination reports on the
39.13grounds that the testimony or examination reports constitute a privileged communication.
39.14(2) Failure of a licensee or applicant to submit to an examination when directed by
39.15the board constitutes an admission of the allegations against the person, unless the failure
39.16was due to circumstances beyond the person's control, in which case a default and final
39.17order may be entered without the taking of testimony or presentation of evidence.
39.18(3) A licensee or applicant affected under this subdivision shall at reasonable
39.19intervals be given an opportunity to demonstrate that the licensee or applicant can resume
39.20the competent practice of licensed alcohol and drug counseling with reasonable skill
39.21and safety to the public.
39.22(4) In any proceeding under this subdivision, neither the record of proceedings
39.23nor the orders entered by the board shall be used against the licensee or applicant in
39.24any other proceeding.
39.25(b) In addition to ordering a physical or mental examination, the board may,
39.26notwithstanding section 13.384 or sections 144.291 to 144.298, or any other law limiting
39.27access to medical or other health data, obtain medical data and health records relating to a
39.28licensee or applicant without the licensee's or applicant's consent if the board has probable
39.29cause to believe that subdivision 1, clause (9), applies to the licensee or applicant. The
39.30medical data may be requested from:
39.31(1) a provider, as defined in section 144.291, subdivision 2, paragraph (h);
39.32(2) an insurance company; or
39.33(3) a government agency, including the Department of Human Services.
39.34(c) A provider, insurance company, or government agency must comply with any
39.35written request of the board under this subdivision and is not liable in any action for
39.36damages for releasing the data requested by the board if the data are released pursuant to a
40.1written request under this subdivision, unless the information is false and the provider
40.2giving the information knew, or had reason to believe, the information was false.
40.3(d) Information obtained under this subdivision is private data on individuals as
40.4defined in section 13.02, subdivision 12.
40.5 Sec. 20. [148F.095] ADDITIONAL REMEDIES.
40.6 Subdivision 1. Cease and desist. (a) The board may issue a cease and desist order
40.7to stop a person from violating or threatening to violate a statute, rule, or order which the
40.8board has issued or has authority to enforce. The cease and desist order must state the
40.9reason for its issuance and give notice of the person's right to request a hearing under
40.10sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order
40.11fails to request a hearing in writing, the order is the final order of the board and is not
40.12reviewable by a court or agency.
40.13(b) A hearing must be initiated by the board not later than 30 days from the date
40.14of the board's receipt of a written hearing request. Within 30 days of receipt of the
40.15administrative law judge's report, and any written agreement or exceptions filed by the
40.16parties, the board shall issue a final order modifying, vacating, or making permanent the
40.17cease and desist order as the facts require. The final order remains in effect until modified
40.18or vacated by the board.
40.19(c) When a request for a stay accompanies a timely hearing request, the board may,
40.20in the board's discretion, grant the stay. If the board does not grant a requested stay, the
40.21board shall refer the request to the Office of Administrative Hearings within three working
40.22days of receipt of the request. Within ten days after receiving the request from the board,
40.23an administrative law judge shall issue a recommendation to grant or deny the stay. The
40.24board shall grant or deny the stay within five working days of receiving the administrative
40.25law judge's recommendation.
40.26(d) In the event of noncompliance with a cease and desist order, the board may
40.27institute a proceeding in district court to obtain injunctive relief or other appropriate
40.28relief, including a civil penalty payable to the board, not to exceed $10,000 for each
40.29separate violation.
40.30 Subd. 2. Injunctive relief. In addition to any other remedy provided by law,
40.31including the issuance of a cease and desist order under subdivision 1, the board may in
40.32the board's own name bring an action in district court for injunctive relief to restrain an
40.33alcohol and drug counselor from a violation or threatened violation of any statute, rule, or
40.34order which the board has authority to administer, enforce, or issue.
41.1 Subd. 3. Additional powers. The issuance of a cease and desist order or injunctive
41.2relief granted under this section does not relieve a counselor from criminal prosecution by
41.3a competent authority or from disciplinary action by the board.
41.4 Sec. 21. [148F.100] COOPERATION.
41.5An alcohol and drug counselor who is the subject of an investigation, or who
41.6is questioned in connection with an investigation, by or on behalf of the board, shall
41.7cooperate fully with the investigation. Cooperation includes responding fully to any
41.8question raised by or on behalf of the board relating to the subject of the investigation,
41.9whether tape recorded or not. Challenges to requests of the board may be brought before
41.10the appropriate agency or court.
41.11 Sec. 22. [148F.105] PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
41.12 Subdivision 1. Practice. No person shall engage in alcohol and drug counseling
41.13without first being licensed under this chapter as an alcohol and drug counselor. For
41.14purposes of this chapter, an individual engages in the practice of alcohol and drug
41.15counseling if the individual performs or offers to perform alcohol and drug counseling
41.16services as defined in section 148F.010, subdivision 18, or if the individual is held out as
41.17able to perform those services.
41.18 Subd. 2. Use of titles. (a) No individual shall present themselves or any other
41.19individual to the public by any title incorporating the words "licensed alcohol and drug
41.20counselor," "alcohol and drug counselor," or otherwise hold themselves out to the public
41.21by any title or description stating or implying that they are licensed or otherwise qualified
41.22to practice alcohol and drug counseling, unless that individual holds a valid license.
41.23(b) An individual issued a temporary permit must use titles consistent with section
41.24148F.035, subdivisions 1 and 2, paragraph (c), clause (3).
41.25(c) An individual who is participating in an alcohol and drug counseling practicum
41.26for purposes of licensure by the board may be designated an "alcohol and drug counselor
41.27intern."
41.28(d) Individuals who are trained in alcohol and drug counseling and employed by an
41.29educational institution recognized by a regional accrediting organization, by a federal,
41.30state, county, or local government institution, by agencies, or research facilities, may
41.31represent themselves by the titles designated by that organization provided the title does
41.32not indicate the individual is licensed by the board.
41.33 Subd. 3. Penalty. A person who violates sections 148F.001 to 148F.205 is guilty
41.34of a misdemeanor.
42.1 Sec. 23. [148F.110] EXCEPTIONS TO LICENSE REQUIREMENT.
42.2 Subdivision 1. Other professionals. (a) Nothing in this chapter prevents members
42.3of other professions or occupations from performing functions for which they are qualified
42.4or licensed. This exception includes, but is not limited to: licensed physicians; registered
42.5nurses; licensed practical nurses; licensed psychologists and licensed psychological
42.6practitioners; members of the clergy provided such services are provided within the scope
42.7of regular ministries; American Indian medicine men and women; licensed attorneys;
42.8probation officers; licensed marriage and family therapists; licensed social workers; social
42.9workers employed by city, county, or state agencies; licensed professional counselors;
42.10licensed professional clinical counselors; licensed school counselors; registered
42.11occupational therapists or occupational therapy assistants; Upper Midwest Indian Council
42.12on Addictive Disorders (UMICAD) certified counselors when providing services to
42.13Native American people; city, county, or state employees when providing assessments
42.14or case management under Minnesota Rules, chapter 9530; and individuals defined in
42.15section 256B.0623, subdivision 5, clauses (1) and (2), providing integrated dual-diagnosis
42.16treatment in adult mental health rehabilitative programs certified by the Department of
42.17Human Services under section 256B.0622 or 256B.0623.
42.18(b) Nothing in this chapter prohibits technicians and resident managers in programs
42.19licensed by the Department of Human Services from discharging their duties as provided
42.20in Minnesota Rules, chapter 9530.
42.21(c) Any person who is exempt from licensure under this section must not use a
42.22title incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug
42.23counselor" or otherwise hold themselves out to the public by any title or description
42.24stating or implying that they are engaged in the practice of alcohol and drug counseling, or
42.25that they are licensed to engage in the practice of alcohol and drug counseling, unless that
42.26person is also licensed as an alcohol and drug counselor. Persons engaged in the practice
42.27of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the
42.28use of one of the titles in paragraph (a).
42.29 Subd. 2. Students. Nothing in sections 148F.001 to 148F.110 shall prevent students
42.30enrolled in an accredited school of alcohol and drug counseling from engaging in the
42.31practice of alcohol and drug counseling while under qualified supervision in an accredited
42.32school of alcohol and drug counseling.
42.33 Subd. 3. Federally recognized tribes. Alcohol and drug counselors practicing
42.34alcohol and drug counseling according to standards established by federally recognized
42.35tribes, while practicing under tribal jurisdiction, are exempt from the requirements of this
42.36chapter. In practicing alcohol and drug counseling under tribal jurisdiction, individuals
43.1practicing under that authority shall be afforded the same rights, responsibilities, and
43.2recognition as persons licensed under this chapter.
43.3 Sec. 24. [148F.115] FEES.
43.4 Subdivision 1. Application fee. The application fee is $295.
43.5 Subd. 2. Biennial renewal fee. The license renewal fee is $295. If the board
43.6establishes a renewal schedule, and the scheduled renewal date is less than two years,
43.7the fee may be prorated.
43.8 Subd. 3. Temporary permit fee. Temporary permit fees are as follows:
43.9(1) initial application fee is $100; and
43.10(2) annual renewal fee is $150. If the initial term is less or more than one year,
43.11the fee may be prorated.
43.12 Subd. 4. Inactive license renewal fee. The inactive license renewal fee is $150.
43.13 Subd. 5. Late fees. Late fees are as follows:
43.14(1) biennial renewal late fee is $74;
43.15(2) inactive license renewal late fee is $37; and
43.16(3) annual temporary permit late fee is $37.
43.17 Subd. 6. Fee to renew after expiration of license. The fee for renewal of a license
43.18that has been expired for less than two years is the total of the biennial renewal fee in
43.19effect at the time of late renewal and the late fee.
43.20 Subd. 7. Fee for license verification. The fee for license verification is $25.
43.21 Subd. 8. Surcharge fee. Notwithstanding section 16A.1285, subdivision 2, a
43.22surcharge of $99 shall be paid at the time of initial application for or renewal of an alcohol
43.23and drug counselor license until June 30, 2013.
43.24 Subd. 9. Sponsor application fee. The fee for a sponsor application for approval
43.25of a continuing education course is $60.
43.26 Subd. 10. Order or stipulation fee. The fee for a copy of a board order or
43.27stipulation is $10.
43.28 Subd. 11. Duplicate certificate fee. The fee for a duplicate certificate is $25.
43.29 Subd. 12. Supervisor application processing fee. The fee for licensure supervisor
43.30application processing is $30.
43.31 Subd. 13. Nonrefundable fees. All fees in this section are nonrefundable.
43.32 Sec. 25. [148F.120] CONDUCT.
44.1 Subdivision 1. Scope. Sections 148F.120 to 148F.205 apply to the conduct of all
44.2alcohol and drug counselors, licensees, and applicants, including conduct during the
44.3period of education, training, and employment that is required for licensure.
44.4 Subd. 2. Purpose. Sections 148F.120 to 148F.205 constitute the standards by which
44.5the professional conduct of alcohol and drug counselors is measured.
44.6 Subd. 3. Violations. A violation of sections 148F.120 to 148F.205 is unprofessional
44.7conduct and constitutes grounds for disciplinary action, corrective action, or denial of
44.8licensure.
44.9 Subd. 4. Conflict with organizational demands. If the organizational policies at
44.10the provider's work setting conflict with any provision in sections 148F.120 to 148F.205,
44.11the provider shall discuss the nature of the conflict with the employer, make known the
44.12requirement to comply with these sections of law, and attempt to resolve the conflict
44.13in a manner that does not violate the law.
44.14 Sec. 26. [148F.125] COMPETENT PROVISION OF SERVICES.
44.15 Subdivision 1. Limits on practice. Alcohol and drug counselors shall limit their
44.16practice to the client populations and services for which they have competence or for
44.17which they are developing competence.
44.18 Subd. 2. Developing competence. When an alcohol and drug counselor is
44.19developing competence in a service, method, procedure, or to treat a specific client
44.20population, the alcohol and drug counselor shall obtain professional education, training,
44.21continuing education, consultation, supervision, or experience, or a combination thereof,
44.22necessary to demonstrate competence.
44.23 Subd. 3. Experimental, emerging, or innovative services. Alcohol and drug
44.24counselors may offer experimental services, methods, or procedures competently and
44.25in a manner that protects clients from harm. However, when doing so, they have a
44.26heightened responsibility to understand and communicate the potential risks to clients, to
44.27use reasonable skill and safety, and to undertake appropriate preparation as required in
44.28subdivision 2.
44.29 Subd. 4. Limitations. Alcohol and drug counselors shall recognize the limitations
44.30to the scope of practice of alcohol and drug counseling. When the needs of clients appear
44.31to be outside their scope of practice, providers shall inform the clients that there may be
44.32other professional, technical, community, and administrative resources available to them.
44.33Providers shall assist with identifying resources when it is in the best interests of clients to
44.34be provided with alternative or complementary services.
45.1 Subd. 5. Burden of proof. Whenever a complaint is submitted to the board
45.2involving a violation of this section, the burden of proof is on the provider to demonstrate
45.3that the elements of competence have reasonably been met.
45.4 Sec. 27. [148F.130] PROTECTING CLIENT PRIVACY.
45.5 Subdivision 1. Protecting private information. The provider shall safeguard
45.6private information obtained in the course of the practice of alcohol and drug counseling.
45.7Private information may be disclosed to others only according to section 148F.135, or
45.8with certain exceptions as specified in subdivisions 2 to 13.
45.9 Subd. 2. Duty to warn; limitation on liability. Private information may be
45.10disclosed without the consent of the client when a duty to warn arises, or as otherwise
45.11provided by law or court order. The duty to warn of, or take reasonable precautions to
45.12provide protection from, violent behavior arises only when a client or other person has
45.13communicated to the provider a specific, serious threat of physical violence to self or a
45.14specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty
45.15is discharged by the provider if reasonable efforts are made to communicate the threat to
45.16law enforcement agencies, the potential victim, the family of the client, or appropriate
45.17third parties who are in a position to prevent or avert the harm. No monetary liability
45.18and no cause of action or disciplinary action by the board may arise against a provider
45.19for disclosure of confidences to third parties, for failure to disclose confidences to third
45.20parties, or for erroneous disclosure of confidences to third parties in a good faith effort to
45.21warn against or take precautions against a client's violent behavior or threat of suicide.
45.22 Subd. 3. Services to group clients. Whenever alcohol and drug counseling
45.23services are provided to group clients, the provider shall initially inform each client of the
45.24provider's responsibility and each client's individual responsibility to treat any information
45.25gained in the course of rendering the services as private information, including any
45.26limitations to each client's right to privacy.
45.27 Subd. 4. Obtaining collateral information. Prior to obtaining collateral
45.28information about a client from other individuals, the provider shall obtain consent from
45.29the client unless the consent is not required by law or court order, and shall inform the
45.30other individuals that the information obtained may become part of the client's records and
45.31may therefore be accessed or released by the client, unless prohibited by law. For purposes
45.32of this subdivision, "other individual" means any individual, except for credentialed health
45.33care providers acting in their professional capacities, who participates adjunctively in
45.34the provision of services to a client. Examples of other individuals include, but are not
46.1limited to, family members, friends, coworkers, day care workers, guardians ad litem,
46.2foster parents, or school personnel.
46.3 Subd. 5. Minor clients. At the beginning of a professional relationship, the provider
46.4shall inform a minor client that the law imposes limitations on the right of privacy of the
46.5minor with respect to the minor's communications with the provider. This requirement is
46.6waived when the minor cannot reasonably be expected to understand the privacy statement.
46.7 Subd. 6. Limited access to client records. The provider shall limit access to client
46.8records. The provider shall make reasonable efforts to inform individuals associated
46.9with the provider's agency or facility, such as staff members, students, volunteers, or
46.10community aides, that access to client records, regardless of their format, is limited only to
46.11the provider with whom the client has a professional relationship, an individual associated
46.12with the agency or facility whose duties require access, or individuals authorized to have
46.13access by the written informed consent of the client.
46.14 Subd. 7. Billing statements for services. The provider shall comply with the
46.15privacy wishes of clients regarding to whom and where statements for services are to be
46.16sent.
46.17 Subd. 8. Case reports. The identification of the client shall be reasonably disguised
46.18in case reports or other clinical materials used in teaching, presentations, professional
46.19meetings, or publications.
46.20 Subd. 9. Observation and recording. Diagnostic interviews or therapeutic sessions
46.21with a client may be observed or electronically recorded only with the client's written
46.22informed consent.
46.23 Subd. 10. Continued protection of client information. The provider shall maintain
46.24the privacy of client data indefinitely after the professional relationship has ended.
46.25 Subd. 11. Court-ordered or other mandated disclosures. The proper disclosure
46.26of private client data upon a court order or to conform with state or federal law shall not be
46.27considered a violation of sections 148F.120 to 148F.205.
46.28 Subd. 12. Abuse or neglect of minors or vulnerable adults. An applicant or
46.29licensee must comply with the reporting of maltreatment of minors established in section
46.30626.556 and the reporting of maltreatment of vulnerable adults established in section
46.31626.557.
46.32 Subd. 13. Initial contacts. When an individual initially contacts a provider
46.33regarding alcohol and drug counseling services, the provider or another individual
46.34designated by the provider may, with oral consent from the potential client, contact third
46.35parties to determine payment or benefits information, arrange for precertification of
47.1services when required by the individual's health plan, or acknowledge a referral from
47.2another health care professional.
47.3 Sec. 28. [148F.135] PRIVATE INFORMATION; ACCESS AND RELEASE.
47.4 Subdivision 1. Client right to access and release private information. A client has
47.5the right to access and release private information maintained by the provider, including
47.6client records as provided in sections 144.291 to 144.298, relating to the provider's
47.7counseling services to that client, except as otherwise provided by law or court order.
47.8 Subd. 2. Release of private information. (a) When a client makes a request for
47.9the provider to release the client's private information, the request must be in writing
47.10and signed by the client. Informed consent is not required. When the request involves
47.11client records, all pertinent information shall be released in compliance with sections
47.12144.291 to 144.298.
47.13(b) If the provider initiates the request to release the client's private information,
47.14written authorization for the release of information must be obtained from the client
47.15and must include, at a minimum:
47.16(1) the name of the client;
47.17(2) the name of the individual or entity providing the information;
47.18(3) the name of the individual or entity to which the release is made;
47.19(4) the types of information to be released, such as progress notes, diagnoses,
47.20assessment data, or other specific information;
47.21(5) the purpose of the release, such as whether the release is to coordinate
47.22professional care with another provider, to obtain insurance payment for services, or for
47.23other specified purposes;
47.24(6) the time period covered by the consent;
47.25(7) a statement that the consent is valid for one year, except as otherwise allowed by
47.26statute, or for a lesser period that is specified in the consent;
47.27(8) a declaration that the individual signing the statement has been told of and
47.28understands the nature and purpose of the authorized release;
47.29(9) a statement that the consent may be rescinded, except to the extent that the
47.30consent has already been acted upon or that the right to rescind consent has been waived
47.31separately in writing;
47.32(10) the signature of the client or the client's legally authorized representative, whose
47.33relationship to the client must be stated; and
47.34(11) the date on which the consent is signed.
48.1 Subd. 3. Group client records. Whenever counseling services are provided to
48.2group clients, each client has the right to access or release only that information in the
48.3records that the client has provided directly or has authorized other sources to provide,
48.4unless otherwise directed by law or court order. Upon a request by one client to access or
48.5release group client records, that information in the records that has not been provided
48.6directly or by authorization of the requesting client must be redacted unless written
48.7authorization to disclose this information has been obtained from the other clients.
48.8 Subd. 4. Board investigation. The board shall be allowed access to any records of
48.9a client provided services by an applicant or licensee who is under investigation. If the
48.10client has not signed a consent permitting access to the client's records, the applicant or
48.11licensee must delete any data that identifies the client before providing them to the board.
48.12The board shall maintain any records as investigative data pursuant to chapter 13.
48.13 Sec. 29. [148F.140] INFORMED CONSENT.
48.14 Subdivision 1. Obtaining informed consent for services. The provider shall obtain
48.15informed consent from the client before initiating services. The informed consent must be
48.16in writing, signed by the client, and include the following, at a minimum:
48.17(1) authorization for the provider to engage in an activity which directly affects
48.18the client;
48.19(2) the goals, purposes, and procedures of the proposed services;
48.20(3) the factors that may impact the duration of the service;
48.21(4) the applicable fee schedule;
48.22(5) the limits to the client's privacy, including but not limited to the provider's duty
48.23to warn pursuant to section 148F.130, subdivision 2;
48.24(6) the provider's responsibilities if the client terminates the service;
48.25(7) the significant risks and benefits of the service, including whether the service
48.26may affect the client's legal or other interests;
48.27(8) the provider's responsibilities under section 148F.125, subdivision 3, if the
48.28proposed service, method, or procedure is of an experimental, emerging, or innovative
48.29nature; and
48.30(9) if applicable, information that the provider is developing competence in the
48.31proposed service, method, or procedure, and alternatives to the proposed service, if any.
48.32 Subd. 2. Updating informed consent. If there is a substantial change in the nature
48.33or purpose of a service, the provider must obtain a new informed consent from the client.
49.1 Subd. 3. Emergency or crisis services. Informed consent is not required when
49.2a provider is providing emergency or crisis services. If services continue after the
49.3emergency or crisis has abated, informed consent must be obtained.
49.4 Sec. 30. [148F.145] TERMINATION OF SERVICES.
49.5 Subdivision 1. Right to terminate services. Either the client or the provider may
49.6terminate the professional relationship unless prohibited by law or court order.
49.7 Subd. 2. Mandatory termination of services. The provider shall promptly
49.8terminate services to a client whenever:
49.9(1) the provider's objectivity or effectiveness is impaired, unless a resolution can be
49.10achieved as permitted in section 148F.155, subdivision 2; or
49.11(2) the client would be harmed by further services.
49.12 Subd. 3. Notification of termination. When the provider initiates a termination
49.13of professional services, the provider shall inform the client either orally or in writing.
49.14This requirement shall not apply when the termination is due to the successful completion
49.15of a predefined service such as an assessment, or if the client terminates the professional
49.16relationship.
49.17 Subd. 4. Recommendation upon termination. (a) Upon termination of counseling
49.18services, the provider shall make a recommendation for alcohol and drug counseling
49.19services if requested by the client or if the provider believes the services are needed by
49.20the client.
49.21(b) A recommendation for alcohol and drug counseling services is not required if
49.22the professional service provided is limited to an alcohol and drug assessment and a
49.23recommendation for continued services is not requested.
49.24 Subd. 5. Absence from practice. Nothing in this section requires the provider to
49.25terminate a client due to an absence from practice that is the result of a period of illness
49.26or injury that does not affect the provider's ability to practice with reasonable skill and
49.27safety, as long as arrangements have been made for temporary counseling services that
49.28may be needed by the client during the provider's absence.
49.29 Sec. 31. [148F.150] RECORD KEEPING.
49.30 Subdivision 1. Record-keeping requirements. Providers must maintain accurate
49.31and legible client records. Records must include, at a minimum:
49.32(1) an accurate chronological listing of all substantive contacts with the client;
49.33(2) documentation of services, including:
49.34(i) assessment methods, data, and reports;
50.1(ii) an initial treatment plan and any revisions to the plan;
50.2(iii) the name of the individual providing services;
50.3(iv) the name and credentials of the individual who is professionally responsible
50.4for the services provided;
50.5(v) case notes for each date of service, including interventions;
50.6(vi) consultations with collateral sources;
50.7(vii) diagnoses or presenting problems; and
50.8(viii) documentation that informed consent was obtained, including written informed
50.9consent documents;
50.10(3) copies of all correspondence relevant to the client;
50.11(4) a client personal data sheet;
50.12(5) copies of all client authorizations for release of information;
50.13(6) an accurate chronological listing of all fees charged, if any, to the client or
50.14a third party payer; and
50.15(7) any other documents pertaining to the client.
50.16 Subd. 2. Duplicate records. If the client records containing the documentation
50.17required by subdivision 1 are maintained by the agency, clinic, or other facility where the
50.18provider renders services, the provider is not required to maintain duplicate records of
50.19client information.
50.20 Subd. 3. Record retention. The provider shall retain a client's record for a minimum
50.21of seven years after the date of the provider's last professional service to the client, except
50.22as otherwise provided by law. If the client is a minor, the record retention period does not
50.23begin until the client reaches the age of 18, except as otherwise provided by law.
50.24 Sec. 32. [148F.155] IMPAIRED OBJECTIVITY OR EFFECTIVENESS.
50.25 Subdivision 1. Situations involving impaired objectivity or effectiveness. (a) An
50.26alcohol and drug counselor must not provide alcohol and drug counseling services to a
50.27client or potential client when the counselor's objectivity or effectiveness is impaired.
50.28(b) The provider shall not provide alcohol and drug counseling services to a client
50.29if doing so would create a multiple relationship. For purposes of this section, "multiple
50.30relationship" means one that is both professional and:
50.31(1) cohabitational;
50.32(2) familial;
50.33(3) one in which there has been personal involvement with the client or family
50.34member of the client that is reasonably likely to adversely affect the client's welfare or
50.35ability to benefit from services; or
51.1(4) one in which there is significant financial involvement other than legitimate
51.2payment for professional services rendered that is reasonably likely to adversely affect the
51.3client's welfare or ability to benefit from services.
51.4If an unforeseen multiple relationship arises after services have been initiated, the
51.5provider shall promptly terminate the professional relationship.
51.6(c) The provider shall not provide alcohol and drug counseling services to a client
51.7who is also the provider's student or supervisee. If an unforeseen situation arises in which
51.8both types of services are required or requested by the client or a third party, the provider
51.9shall decline to provide the services.
51.10(d) The provider shall not provide alcohol and drug counseling services to a client
51.11when the provider is biased for or against the client for any reason that interferes with the
51.12provider's impartial judgment, including where the client is a member of a class legally
51.13protected from discrimination. The provider may provide services if the provider is
51.14working to resolve the impairment in the manner required under subdivision 2.
51.15(e) The provider shall not provide alcohol and drug counseling services to a client
51.16when there is a fundamental divergence or conflict of service goals, interests, values,
51.17or attitudes between the client and the provider that adversely affects the professional
51.18relationship. The provider may provide services if the provider is working to resolve the
51.19impairment in the manner required under subdivision 2.
51.20 Subd. 2. Resolution of impaired objectivity or effectiveness. (a) When an
51.21impairment occurs that is listed in subdivision 1, paragraph (d) or (e), the provider may
51.22provide services only if the provider actively pursues resolution of the impairment and is
51.23able to do so in a manner that results in minimal adverse effects on the client or potential
51.24client.
51.25(b) If the provider attempts to resolve the impairment, it must be by means of
51.26professional education, training, continuing education, consultation, psychotherapy,
51.27intervention, supervision, or discussion with the client or potential client, or an appropriate
51.28combination thereof.
51.29 Sec. 33. [148F.160] PROVIDER IMPAIRMENT.
51.30The provider shall not provide counseling services to clients when the provider is
51.31unable to provide services with reasonable skill and safety as a result of a physical or
51.32mental illness or condition, including, but not limited to, substance abuse or dependence.
51.33During the period the provider is unable to practice with reasonable skill and safety, the
51.34provider shall either promptly terminate the professional relationship with all clients or
52.1shall make arrangements for other alcohol and drug counselors to provide temporary
52.2services during the provider's absence.
52.3 Sec. 34. [148F.165] CLIENT WELFARE.
52.4 Subdivision 1. Explanation of procedures. A client has the right to have, and a
52.5counselor has the responsibility to provide, a nontechnical explanation of the nature and
52.6purpose of the counseling procedures to be used and the results of tests administered to the
52.7client. The counselor shall establish procedures to be followed if the explanation is to be
52.8provided by another individual under the direction of the counselor.
52.9 Subd. 2. Client bill of rights. The client bill of rights required by section 144.652
52.10shall be prominently displayed on the premises of the professional practice or provided
52.11as a handout to each client. The document must state that consumers of alcohol and
52.12drug counseling services have the right to:
52.13(1) expect that the provider meets the minimum qualifications of training and
52.14experience required by state law;
52.15(2) examine public records maintained by the Board of Behavioral Health and
52.16Therapy that contain the credentials of the provider;
52.17(3) report complaints to the Board of Behavioral Health and Therapy;
52.18(4) be informed of the cost of professional services before receiving the services;
52.19(5) privacy as defined and limited by law and rule;
52.20(6) be free from being the object of unlawful discrimination while receiving
52.21counseling services;
52.22(7) have access to their records as provided in sections 144.92 and 148F.135,
52.23subdivision 1, except as otherwise provided by law;
52.24(8) be free from exploitation for the benefit or advantage of the provider;
52.25(9) terminate services at any time, except as otherwise provided by law or court
52.26order;
52.27(10) know the intended recipients of assessment results;
52.28(11) withdraw consent to release assessment results, unless the right is prohibited by
52.29law or court order or was waived by prior written agreement;
52.30(12) a nontechnical description of assessment procedures; and
52.31(13) a nontechnical explanation and interpretation of assessment results, unless this
52.32right is prohibited by law or court order or was waived by prior written agreement.
52.33 Subd. 3. Stereotyping. The provider shall treat the client as an individual and
52.34not impose on the client any stereotypes of behavior, values, or roles related to human
52.35diversity.
53.1 Subd. 4. Misuse of client relationship. The provider shall not misuse the
53.2relationship with a client due to a relationship with another individual or entity.
53.3 Subd. 5. Exploitation of client. The provider shall not exploit the professional
53.4relationship with a client for the provider's emotional, financial, sexual, or personal
53.5advantage or benefit. This prohibition extends to former clients who are vulnerable or
53.6dependent on the provider.
53.7 Subd. 6. Sexual behavior with client. A provider shall not engage in any sexual
53.8behavior with a client including:
53.9(1) sexual contact, as defined in section 604.20, subdivision 7; or
53.10(2) any physical, verbal, written, interactive, or electronic communication, conduct,
53.11or act that may be reasonably interpreted to be sexually seductive, demeaning, or
53.12harassing to the client.
53.13 Subd. 7. Sexual behavior with a former client. A provider shall not engage in any
53.14sexual behavior as described in subdivision 6 within the two-year period following the
53.15date of the last counseling service to a former client. This prohibition applies whether or
53.16not the provider has formally terminated the professional relationship. This prohibition
53.17extends indefinitely for a former client who is vulnerable or dependent on the provider.
53.18 Subd. 8. Preferences and options for treatment. A provider shall disclose to the
53.19client the provider's preferences for choice of treatment or outcome and shall present other
53.20options for the consideration or choice of the client.
53.21 Subd. 9. Referrals. A provider shall make a prompt and appropriate referral of the
53.22client to another professional when requested to make a referral by the client.
53.23 Sec. 35. [148F.170] WELFARE OF STUDENTS, SUPERVISEES, AND
53.24RESEARCH SUBJECTS.
53.25 Subdivision 1. General. Due to the evaluative, supervisory, or other authority that
53.26providers who teach, evaluate, supervise, or conduct research have over their students,
53.27supervisees, or research subjects, they shall protect the welfare of these individuals.
53.28 Subd. 2. Student, supervisee, and research subject protections. To protect the
53.29welfare of their students, supervisees, or research subjects, providers shall not:
53.30(1) discriminate on the basis of race, ethnicity, national origin, religious affiliation,
53.31language, age, gender, physical disabilities, mental capabilities, sexual orientation or
53.32identity, marital status, or socioeconomic status;
53.33(2) exploit or misuse the professional relationship for the emotional, financial,
53.34sexual, or personal advantage or benefit of the provider or another individual or entity;
54.1(3) engage in any sexual behavior with a current student, supervisee, or research
54.2subject, including sexual contact, as defined in section 604.20, subdivision 7, or any
54.3physical, verbal, written, interactive, or electronic communication, conduct, or act that
54.4may be reasonably interpreted to be sexually seductive, demeaning, or harassing. Nothing
54.5in this part shall prohibit a provider from engaging in teaching or research with an
54.6individual with whom the provider has a preexisting and ongoing sexual relationship;
54.7(4) engage in any behavior likely to be deceptive or fraudulent;
54.8(5) disclose evaluative information except for legitimate professional or scientific
54.9purposes; or
54.10(6) engage in any other unprofessional conduct.
54.11 Sec. 36. [148F.175] MEDICAL AND OTHER HEALTH CARE
54.12CONSIDERATIONS.
54.13 Subdivision 1. Coordinating services with other health care professionals.
54.14Upon initiating services, the provider shall inquire whether the client has a preexisting
54.15relationship with another health care professional. If the client has such a relationship,
54.16and it is relevant to the provider's services to the client, the provider shall, to the extent
54.17possible and consistent with the wishes and best interests of the client, coordinate services
54.18for the client with the other health care professional. This requirement does not apply if
54.19brief crisis intervention services are provided.
54.20 Subd. 2. Reviewing health care information. If the provider determines that a
54.21client's preexisting relationship with another health care professional is relevant to the
54.22provider's services to the client, the provider shall, to the extent possible and consistent
54.23with the wishes and best interests of the client, review this information with the treating
54.24health care professional.
54.25 Subd. 3. Relevant medical conditions. If the provider believes that a client's
54.26psychological condition may have medical etiology or consequence, the provider shall,
54.27within the limits of the provider's competence, discuss this with the client and offer to
54.28assist in identifying medical resources for the client.
54.29 Sec. 37. [148F.180] ASSESSMENTS; TESTS; REPORTS.
54.30 Subdivision 1. Assessments. Providers who conduct assessments of individuals
54.31shall base their assessments on records, information, observations, and techniques
54.32sufficient to substantiate their findings. They shall render opinions only after they
54.33have conducted an examination of the individual adequate to support their statements
54.34or conclusions, unless an examination is not practical despite reasonable efforts. An
55.1assessment may be limited to reviewing records or providing testing services when an
55.2individual examination is not necessary for the opinion requested.
55.3 Subd. 2. Tests. Providers may administer and interpret tests within the scope of the
55.4counselor's training, skill, and competence.
55.5 Subd. 3. Reports. Written and oral reports, including testimony as an expert
55.6witness and letters to third parties concerning a client, must be based on information and
55.7techniques sufficient to substantiate their findings. Reports must include:
55.8(1) a description of all assessments, evaluations, or other procedures, including
55.9materials reviewed, which serve as a basis for the provider's conclusions;
55.10(2) reservations or qualifications concerning the validity or reliability of the opinions
55.11and conclusions formulated and recommendations made;
55.12(3) a statement concerning any discrepancy, disagreement, or inconsistent or
55.13conflicting information regarding the circumstances of the case that may have a bearing on
55.14the provider's conclusions;
55.15(4) a statement of the nature of and reason for the use of a test that is administered,
55.16recorded, scored, or interpreted in other than a standard and objective manner; and
55.17(5) a statement indicating when test interpretations or report conclusions are not
55.18based on direct contact between the client and the provider.
55.19 Subd. 4. Private information. Test results and interpretations regarding an
55.20individual are private information.
55.21 Sec. 38. [148F.185] PUBLIC STATEMENTS.
55.22 Subdivision 1. Prohibition against false or misleading information. Public
55.23statements by providers must not include false or misleading information. Providers shall
55.24not solicit or use testimonials by quotation or implication from current clients or former
55.25clients who are vulnerable to undue influence. The provider shall make reasonable efforts
55.26to ensure that public statements by others on behalf of the provider are truthful and shall
55.27make reasonable remedial efforts to bring a public statement into compliance with sections
55.28148F.120 to 148F.205 when the provider becomes aware of a violation.
55.29 Subd. 2. Misrepresentation. The provider shall not misrepresent directly or
55.30by implication professional qualifications including education, training, experience,
55.31competence, credentials, or areas of specialization. The provider shall not misrepresent,
55.32directly or by implication, professional affiliations or the purposes and characteristics of
55.33institutions and organizations with which the provider is professionally associated.
55.34 Subd. 3. Use of specialty board designation. Providers may represent themselves
55.35as having an area of specialization from a specialty board, such as a designation as a
56.1diplomate or fellow, if the specialty board used, at a minimum, the following criteria to
56.2award such a designation:
56.3(1) specified educational requirements defined by the specialty board;
56.4(2) specified experience requirements defined by the specialty board;
56.5(3) a work product evaluated by other specialty board members; and
56.6(4) a face-to-face examination by a committee of specialty board members or a
56.7comprehensive written examination in the area of specialization.
56.8 Sec. 39. [148F.190] FEES; STATEMENTS.
56.9 Subdivision 1. Disclosure. The provider shall disclose the fees for professional
56.10services to a client before providing services.
56.11 Subd. 2. Itemized statement. The provider shall itemize fees for all services for
56.12which the client or a third party is billed and make the itemized statement available to
56.13the client. The statement shall identify the date the service was provided, the nature of
56.14the service, the name of the individual who provided the service, and the name of the
56.15individual who is professionally responsible for the service.
56.16 Subd. 3. Representation of billed services. The provider shall not directly or by
56.17implication misrepresent to the client or to a third party billed for services the nature or the
56.18extent of the services provided.
56.19 Subd. 4. Claiming fees. The provider shall not claim a fee for counseling services
56.20unless the provider is either the direct provider of the services or is clinically responsible
56.21for providing the services and under whose supervision the services were provided.
56.22 Subd. 5. Referrals. No commission, rebate, or other form of remuneration may be
56.23given or received by a provider for the referral of clients for counseling services.
56.24 Sec. 40. [148F.195] AIDING AND ABETTING UNLICENSED PRACTICE.
56.25A provider shall not aid or abet an unlicensed individual to engage in the practice of
56.26alcohol and drug counseling. A provider who supervises a student as part of an alcohol
56.27and drug counseling practicum is not in violation of this section. Properly qualified
56.28individuals who administer and score testing instruments under the direction of a provider
56.29who maintains responsibility for the service are not considered in violation of this section.
56.30 Sec. 41. [148F.200] VIOLATION OF LAW.
56.31A provider shall not violate any law in which the facts giving rise to the violation
56.32involve the practice of alcohol and drug counseling as defined in sections 148F.001 to
56.33148F.205. In any board proceeding alleging a violation of this section, the proof of a
57.1conviction of a crime constitutes proof of the underlying factual elements necessary to
57.2that conviction.
57.3 Sec. 42. [148F.205] COMPLAINTS TO BOARD.
57.4 Subdivision 1. Mandatory reporting requirements. A provider is required to file a
57.5complaint when the provider knows or has reason to believe that another provider:
57.6(1) is unable to practice with reasonable skill and safety as a result of a physical or
57.7mental illness or condition, including, but not limited to, substance abuse or dependence,
57.8except that this mandated reporting requirement is deemed fulfilled by a report made
57.9to the Health Professionals Services Program (HPSP) as provided by section 214.33,
57.10subdivision 1;
57.11(2) is engaging in or has engaged in sexual behavior with a client or former client in
57.12violation of section 148F.165, subdivision 6 or 7;
57.13(3) has failed to report abuse or neglect of children or vulnerable adults in violation
57.14of section 626.556 or 626.557; or
57.15(4) has employed fraud or deception in obtaining or renewing an alcohol and drug
57.16counseling license.
57.17 Subd. 2. Optional reporting requirements. Other than conduct listed in
57.18subdivision 1, a provider who has reason to believe that the conduct of another provider
57.19appears to be in violation of sections 148F.001 to 148F.205 may file a complaint with
57.20the board.
57.21 Subd. 3. Institutions. A state agency, political subdivision, agency of a local unit
57.22of government, private agency, hospital, clinic, prepaid medical plan, or other health
57.23care institution or organization located in this state shall report to the board any action
57.24taken by the agency, institution, or organization or any of its administrators or medical
57.25or other committees to revoke, suspend, restrict, or condition an alcohol and drug
57.26counselor's privilege to practice or treat patients or clients in the institution, or as part of
57.27the organization, any denial of privileges, or any other disciplinary action for conduct that
57.28might constitute grounds for disciplinary action by the board under sections 148F.001
57.29to 148F.205. The institution, organization, or governmental entity shall also report the
57.30resignation of any alcohol and drug counselors before the conclusion of any disciplinary
57.31action proceeding for conduct that might constitute grounds for disciplinary action under
57.32this chapter, or before the commencement of formal charges but after the practitioner had
57.33knowledge that formal charges were contemplated or were being prepared.
57.34 Subd. 4. Professional societies. A state or local professional society for alcohol and
57.35drug counselors shall report to the board any termination, revocation, or suspension of
58.1membership or any other disciplinary action taken against an alcohol and drug counselor.
58.2If the society has received a complaint that might be grounds for discipline under this
58.3chapter against a member on which it has not taken any disciplinary action, the society
58.4shall report the complaint and the reason why it has not taken action on it or shall direct
58.5the complainant to the board.
58.6 Subd. 5. Insurers. Each insurer authorized to sell insurance described in section
58.760A.06, subdivision 1, clause (13), and providing professional liability insurance to
58.8alcohol and drug counselors or the Medical Joint Underwriting Association under chapter
58.962F, shall submit to the board quarterly reports concerning the alcohol and drug counselors
58.10against whom malpractice settlements and awards have been made. The report must
58.11contain at least the following information:
58.12(1) the total number of malpractice settlements or awards made;
58.13(2) the date the malpractice settlements or awards were made;
58.14(3) the allegations contained in the claim or complaint leading to the settlements or
58.15awards made;
58.16(4) the dollar amount of each settlement or award;
58.17(5) the address of the practice of the alcohol and drug counselor against whom an
58.18award was made or with whom a settlement was made; and
58.19(6) the name of the alcohol and drug counselor against whom an award was made or
58.20with whom a settlement was made. The insurance company shall, in addition to the above
58.21information, submit to the board any information, records, and files, including clients'
58.22charts and records, it possesses that tend to substantiate a charge that a licensed alcohol
58.23and drug counselor may have engaged in conduct violating this chapter.
58.24 Subd. 6. Self-reporting. An alcohol and drug counselor shall report to the board
58.25any personal action that would require that a report be filed with the board by any person,
58.26health care facility, business, or organization under subdivisions 1 and 3 to 5. The alcohol
58.27and drug counselor shall also report the revocation, suspension, restriction, limitation,
58.28or other disciplinary action in this state and report the filing of charges regarding the
58.29practitioner's license or right of practice in another state or jurisdiction.
58.30 Subd. 7. Permission to report. A person who has knowledge of any conduct
58.31constituting grounds for disciplinary action relating to the practice of alcohol and drug
58.32counseling under this chapter may report the violation to the board.
58.33 Subd. 8. Client complaints to the board. A provider shall, upon request, provide
58.34information regarding the procedure for filing a complaint with the board and shall, upon
58.35request, assist with filing a complaint. A provider shall not attempt to dissuade a client
59.1from filing a complaint with the board, or require that the client waive the right to file a
59.2complaint with the board as a condition for providing services.
59.3 Subd. 9. Deadlines; forms. Reports required by subdivisions 1 and 3 to 6 must be
59.4submitted no later than 30 days after the reporter learns of the occurrence of the reportable
59.5event or transaction. The board may provide forms for the submission of the reports
59.6required by this section and may require that reports be submitted on the forms provided.
59.7 Sec. 43. REPORT; BOARD OF BEHAVIORAL HEALTH AND THERAPY.
59.8(a) The Board of Behavioral Health and Therapy shall convene a working group
59.9to evaluate the feasibility of a tiered licensure system for alcohol and drug counselors in
59.10Minnesota. This evaluation shall include proposed scopes of practice for each tier, specific
59.11degree and other education and examination requirements for each tier, the clinical
59.12settings in which each tier of practitioner would be utilized, and any other issues the
59.13board deems necessary.
59.14(b) Members of the working group shall include, but not be limited to, members of
59.15the board, licensed alcohol and drug counselors, alcohol and drug counselor temporary
59.16permit holders, faculty members from two- and four-year education programs, professional
59.17organizations, and employers.
59.18(c) The board shall present its written report, including any proposed legislation, to
59.19the chairs and ranking minority members of the legislative committees with jurisdiction
59.20over health and human services no later than December 15, 2015.
59.21(d) The working group is not subject to the provisions of Minnesota Statutes,
59.22section 15.059.
59.23 Sec. 44. REVISOR'S INSTRUCTION.
59.24The revisor of statutes shall consult with the Board of Behavioral Health and
59.25Therapy to make any necessary cross-reference changes that are needed as a result of the
59.26passage of this act.
59.27 Sec. 45. REPEALER.
59.28(a) Minnesota Statutes 2010, sections 148C.01, subdivisions 1, 1a, 2, 2a, 2b, 2c,
59.292d, 2e, 2f, 2g, 4, 4a, 5, 7, 9, 10, 11, 11a, 12, 12a, 13, 14, 15, 16, 17, and 18; 148C.015;
59.30148C.03, subdivisions 1 and 4; 148C.0351, subdivisions 1, 3, and 4; 148C.0355; 148C.04,
59.31subdivisions 1, 2, 3, 4, 5a, 6, and 7; 148C.044; 148C.045; 148C.05, subdivisions 1, 1a, 5,
59.32and 6; 148C.055; 148C.07; 148C.075; 148C.08; 148C.09, subdivisions 1, 1a, 2, and 4;
60.1148C.091; 148C.093; 148C.095; 148C.099; 148C.10, subdivisions 1, 2, and 3; 148C.11;
60.2and 148C.12, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, are repealed.
60.3(b) Minnesota Rules, parts 4747.0010; 4747.0020; 4747.0030, subparts 1, 2, 3,
60.44, 5, 7, 8, 9, 10, 15, 17, 18, 20, 21, 22, 24, and 29; 4747.0040; 4747.0050; 4747.0060;
60.54747.0070, subparts 1, 2, 3, and 6; 4747.0200; 4747.0400, subpart 1; 4747.0700;
60.64747.0800; 4747.0900; 4747.1100, subparts 1, 4, 5, 6, 7, 8, and 9; 4747.1400, subparts
60.71, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13; 4747.1500; 6310.3100, subpart 2; 6310.3600;
60.8and 6310.3700, subpart 1, are repealed.
60.9 Sec. 46. EFFECTIVE DATE.
60.10This article is effective August 1, 2012.
60.13 Section 1. Minnesota Statutes 2010, section 148B.5301, subdivision 1, is amended to
60.14read:
60.15 Subdivision 1. General requirements. (a) To be licensed as a licensed professional
60.16clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board
60.17that the applicant:
60.18 (1) is at least 18 years of age;
60.19 (2) is of good moral character;
60.20 (3) has completed a master's or doctoral degree program in counseling or a
60.21related field, as determined by the board based on the criteria in items (i) to (x), that
60.22includes a minimum of 48 semester hours or 72 quarter hours and a supervised field
60.23experience in counseling that is not fewer than 700 hours. The degree must be from
60.24a counseling program recognized by the Council for Accreditation of Counseling and
60.25Related Education Programs (CACREP) or from an institution of higher education that is
60.26accredited by a regional accrediting organization recognized by the Council for Higher
60.27Education Accreditation (CHEA). Specific academic course content and training must
60.28include coursework in each of the following subject areas:
60.29 (i) helping relationship, including counseling theory and practice;
60.30 (ii) human growth and development;
60.31 (iii) lifestyle and career development;
60.32 (iv) group dynamics, processes, counseling, and consulting;
60.33 (v) assessment and appraisal;
60.34 (vi) social and cultural foundations, including multicultural issues;
61.1 (vii) principles of etiology, treatment planning, and prevention of mental and
61.2emotional disorders and dysfunctional behavior;
61.3 (viii) family counseling and therapy;
61.4 (ix) research and evaluation; and
61.5 (x) professional counseling orientation and ethics;
61.6 (4) has demonstrated competence in professional counseling by passing the National
61.7Clinical Mental Health Counseling Examination (NCMHCE), administered by the
61.8National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
61.9examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have
61.10taken and passed the National Counselor Examination (NCE) administered by the NBCC,
61.11or another board-approved examination, need only take and pass the Examination of
61.12Clinical Counseling Practice (ECCP) administered by the NBCC;
61.13 (5) has earned graduate-level semester credits or quarter-credit equivalents in the
61.14following clinical content areas as follows:
61.15 (i) six credits in diagnostic assessment for child or adult mental disorders; normative
61.16development; and psychopathology, including developmental psychopathology;
61.17 (ii) three credits in clinical treatment planning, with measurable goals;
61.18 (iii) six credits in clinical intervention methods informed by research evidence and
61.19community standards of practice;
61.20 (iv) three credits in evaluation methodologies regarding the effectiveness of
61.21interventions;
61.22 (v) three credits in professional ethics applied to clinical practice; and
61.23 (vi) three credits in cultural diversity; and
61.24 (6) has demonstrated successful completion of 4,000 hours of supervised,
61.25post-master's degree professional practice in the delivery of clinical services in the
61.26diagnosis and treatment of child and adult mental illnesses and disorders, conducted
61.27according to subdivision 2.
61.28 (b) If coursework in paragraph (a) was not completed as part of the degree program
61.29required by paragraph (a), clause (3), the coursework must be taken and passed for credit,
61.30and must be earned from a counseling program or institution that meets the requirements
61.31of paragraph (a), clause (3).
61.32 Sec. 2. Minnesota Statutes 2010, section 148B.5301, is amended by adding a
61.33subdivision to read:
61.34 Subd. 3a. Conversion from licensed professional counselor to licensed
61.35professional clinical counselor. (a) Until August 1, 2014, an individual currently licensed
62.1in the state of Minnesota as a licensed professional counselor may convert to a LPCC by
62.2providing evidence satisfactory to the board that the applicant has met the following
62.3requirements:
62.4 (1) is at least 18 years of age;
62.5 (2) is of good moral character;
62.6 (3) has a license that is active and in good standing;
62.7 (4) has no complaints pending, uncompleted disciplinary orders, or corrective
62.8action agreements;
62.9 (5) has completed a master's or doctoral degree program in counseling or a related
62.10field, as determined by the board, and whose degree was from a counseling program
62.11recognized by CACREP or from an institution of higher education that is accredited by a
62.12regional accrediting organization recognized by CHEA;
62.13 (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
62.14clinical coursework which includes content in the following clinical areas:
62.15 (i) diagnostic assessment for child and adult mental disorders; normative
62.16development; and psychopathology, including developmental psychopathology;
62.17 (ii) clinical treatment planning, with measurable goals;
62.18 (iii) clinical intervention methods informed by research evidence and community
62.19standards of practice;
62.20 (iv) evaluation methodologies regarding the effectiveness of interventions;
62.21 (v) professional ethics applied to clinical practice; and
62.22 (vi) cultural diversity;
62.23 (7) has demonstrated, to the satisfaction of the board, successful completion of
62.244,000 hours of supervised, post-master's degree professional practice in the delivery of
62.25clinical services in the diagnosis and treatment of child and adult mental illnesses and
62.26disorders; and
62.27 (8) has paid the LPCC application and licensure fees required in section148B.53 ,
62.28subdivision 3.
62.29 (b) If the coursework in paragraph (a) was not completed as part of the degree
62.30program required by paragraph (a), clause (5), the coursework must be taken and passed
62.31for credit, and must be earned from a counseling program or institution that meets the
62.32requirements in paragraph (a), clause (5).
62.33 (c) This subdivision expires August 1, 2014.
62.34EFFECTIVE DATE.This section is effective retroactively from August 1, 2011.
62.35 Sec. 3. Minnesota Statutes 2010, section 148B.5301, subdivision 4, is amended to read:
63.1 Subd. 4. Conversion to licensed professional clinical counselor after August
63.21,2011 2014. After August 1, 2014, an individual licensed in the state of Minnesota
63.3as a licensed professional counselor may convert to a LPCC by providing evidence
63.4satisfactory to the board that the applicant has met the requirements of subdivisions 1
63.5and 2, subject to the following:
63.6 (1) the individual's license must be active and in good standing;
63.7 (2) the individual must not have any complaints pending, uncompleted disciplinary
63.8orders, or corrective action agreements; and
63.9 (3) the individual has paid the LPCC application and licensure fees required in
63.10section148B.53, subdivision 3 .
63.11 Sec. 4. Minnesota Statutes 2010, section 148B.54, subdivision 2, is amended to read:
63.12 Subd. 2. Continuing education. At the completion of the first four years of
63.13licensure, a licensee must provide evidence satisfactory to the board of completion of
63.1412 additional postgraduate semester credit hours or its equivalent in counseling as
63.15determined by the board, except that no licensee shall be required to show evidence of
63.16greater than 60 semester hours or its equivalent. In addition to completing the requisite
63.17graduate coursework, each licensee shall also complete in the first four years of licensure
63.18a minimum of 40 hours of continuing education activities approved by the board under
63.19Minnesota Rules, part 2150.2540. Graduate credit hours successfully completed in the
63.20first four years of licensure may be applied to both the graduate credit requirement and to
63.21the requirement for 40 hours of continuing education activities. A licensee may receive 15
63.22continuing education hours per semester credit hour or ten continuing education hours
63.23per quarter credit hour. Thereafter, at the time of renewal, each licensee shall provide
63.24evidence satisfactory to the board that the licensee has completed during each two-year
63.25period at least the equivalent of 40 clock hours of professional postdegree continuing
63.26education in programs approved by the board and continues to be qualified to practice
63.27under sections148B.50 to
148B.593 .
63.28 Sec. 5. Minnesota Statutes 2010, section 148B.54, subdivision 3, is amended to read:
63.29 Subd. 3. Relicensure following termination. An individual whose license was
63.30terminatedprior to August 1, 2010, and who can demonstrate completion of the graduate
63.31credit requirement in subdivision 2, does not need to comply with the continuing education
63.32requirement of Minnesota Rules, part 2150.2520, subpart 4, or with the continuing
63.33education requirements for relicensure following termination in Minnesota Rules, part
64.12150.0130, subpart 2. This section does not apply to an individual whose license has
64.2been canceled.
64.3 Sec. 6. EFFECTIVE DATE.
64.4Sections 1 to 5 are effective August 1, 2012, unless a different effective date is
64.5specified.
1.3workers; changing provisions for alcohol and drug counselors and licensed
1.4professional counseling; setting certain fees;amending Minnesota Statutes 2010,
1.5sections 13.383, subdivision 11a; 148B.5301, subdivisions 1, 4, by adding a
1.6subdivision; 148B.54, subdivisions 2, 3; 148E.055, subdivision 1; 148E.060,
1.7subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.065, subdivisions 2,
1.84, 5, by adding subdivisions; 148E.120; 148E.195, subdivision 2, by adding a
1.9subdivision; 148E.280; proposing coding for new law in Minnesota Statutes,
1.10chapter 148E; proposing coding for new law as Minnesota Statutes, chapter
1.11148F; repealing Minnesota Statutes 2010, sections 148C.01, subdivisions 1, 1a,
1.122, 2a, 2b, 2c, 2d, 2e, 2f, 2g, 4, 4a, 5, 7, 9, 10, 11, 11a, 12, 12a, 13, 14, 15, 16,
1.1317, 18; 148C.015; 148C.03, subdivisions 1, 4; 148C.0351, subdivisions 1, 3, 4;
1.14148C.0355; 148C.04, subdivisions 1, 2, 3, 4, 5a, 6, 7; 148C.044; 148C.045;
1.15148C.05, subdivisions 1, 1a, 5, 6; 148C.055; 148C.07; 148C.075; 148C.08;
1.16148C.09, subdivisions 1, 1a, 2, 4; 148C.091; 148C.093; 148C.095; 148C.099;
1.17148C.10, subdivisions 1, 2, 3; 148C.11; 148C.12, subdivisions 1, 2, 3, 5, 6, 7,
1.188, 9, 10, 11, 12, 13, 14, 15; 148E.065, subdivision 3; Minnesota Rules, parts
1.194747.0010; 4747.0020; 4747.0030, subparts 1, 2, 3, 4, 5, 7, 8, 9, 10, 15, 17, 18,
1.2020, 21, 22, 24, 29; 4747.0040; 4747.0050; 4747.0060; 4747.0070, subparts 1,
1.212, 3, 6; 4747.0200; 4747.0400, subpart 1; 4747.0700; 4747.0800; 4747.0900;
1.224747.1100, subparts 1, 4, 5, 6, 7, 8, 9; 4747.1400, subparts 1, 2, 3, 4, 5, 6, 7, 8, 10,
1.2311, 12, 13; 4747.1500; 6310.3100, subpart 2; 6310.3600; 6310.3700, subpart 1.
1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.27 Section 1. Minnesota Statutes 2010, section 148E.055, subdivision 1, is amended to
1.28read:
1.29 Subdivision 1. License required. (a) In order to practice social work, an individual
1.30must have a social work license under this section or section
1.31individual is exempt from licensure according to section
2.1 (b) Individuals who teach professional social work knowledge, skills, and values to
2.2students and who have a social work degree from a program accredited by the Council
2.3on Social Work Education, the Canadian Association of Schools of Social Work, or a
2.4similar
2.5license under this section or section
2.6licensure according to section
2.7(c) Effective July 1, 2016, an individual who is newly employed by a city or
2.8state agency or a private nonprofit nontribal agency previously exempt from licensure
2.9under Minnesota Statutes 2010, section 148D.065, subdivision 5, and section 148E.065,
2.10subdivision 5, must be licensed if:
2.11(1) the individual is presented to the public by any title incorporating the words
2.12"social work" or "social worker"; or
2.13(2) the individual has a baccalaureate or graduate degree in social work from a
2.14program accredited by the Council on Social Work Education, the Canadian Association
2.15of Schools of Social Work, or a similar accrediting body designated by the board, and the
2.16individual provides social work services, including clinical social work services, as those
2.17services are defined in section 148E.010, subdivisions 6 and 11.
2.18EFFECTIVE DATE.This section is effective August 1, 2012.
2.19 Sec. 2. [148E.0555] LICENSE REQUIREMENTS; GRANDFATHERING.
2.20 Subdivision 1. Grandfathering period. (a) The board shall issue a license to an
2.21applicant who meets all the requirements in this section and has submitted a completed,
2.22signed application and the required fee between January 1, 2013, and December 31, 2014.
2.23(b) If the applicant does not provide all of the information requested by the board
2.24by December 31, 2015, the applicant is considered ineligible and the application for
2.25licensure is closed.
2.26 Subd. 2. Eligible agency personnel. When submitting the application for licensure,
2.27the applicant must provide evidence satisfactory to the board that the applicant is currently
2.28employed by a:
2.29(1) Minnesota city or state agency, and:
2.30(i) at any time within three years of the date of submitting an application for
2.31licensure was presented to the public by any title incorporating the words "social work" or
2.32"social worker," while employed by that agency for a minimum of six months; or
2.33(ii) at any time within three years of the date of submitting an application for
2.34licensure was engaged in the practice of social work, including clinical social work, as
3.1described in section 148E.010, subdivisions 6 and 11, while employed by that agency
3.2for a minimum of six months; or
3.3(2) private nonprofit, nontribal agency whose primary service focus addresses ethnic
3.4minority populations, and the applicant is a member of an ethnic minority population
3.5within the agency, previously exempt from licensure under Minnesota Statutes 2010,
3.6section 148D.065, subdivision 5, and section 148E.065, subdivision 5, and:
3.7(i) at any time within three years of the date of submitting an application for
3.8licensure was presented to the public by any title incorporating the words "social work" or
3.9"social worker," while employed by that agency for a minimum of six months; or
3.10(ii) at any time within three years of the date of submitting an application for
3.11licensure was engaged in the practice of social work, including clinical social work, as
3.12described under section 148E.010, subdivisions 6 and 11, while employed by that agency
3.13for a minimum of six months.
3.14 Subd. 3. Qualifications during grandfathering for licensure as LSW. (a) To
3.15be licensed as a licensed social worker, an applicant for licensure under this section
3.16must provide evidence satisfactory to the board that the individual has completed a
3.17baccalaureate degree:
3.18(1) in social work from a program accredited by the Council on Social Work
3.19Education, the Canadian Association of Schools of Social Work, or a similar accrediting
3.20body designated by the board; or
3.21(2) in psychology, sociology, human services, or social and behavioral sciences
3.22from an accredited college or university; or
3.23(3) with a major in any field from an accredited college or university, and one year of
3.24experience in the practice of social work as described in section 148E.010, subdivision 11.
3.25(b) To be licensed as a licensed social worker, an applicant for licensure under this
3.26section must provide evidence satisfactory to the board that the individual has:
3.27(1) submitted a completed, signed application and the license fee in section
3.28148E.180;
3.29(2) for applications submitted electronically, provided an attestation as specified
3.30by the board;
3.31(3) submitted the criminal background check fee and a form provided by the board
3.32authorizing a criminal background check;
3.33(4) paid the applicable license fee in section 148E.180; and
3.34(5) not engaged in conduct that was or would be in violation of the standards
3.35of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
3.36sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
4.1would be in violation of the standards of practice, the board may take action according to
4.2sections 148E.255 to 148E.270.
4.3(c) An application that is not completed and signed, or that is not accompanied by
4.4the correct license fee, must be returned to the applicant, along with any fee submitted,
4.5and is void.
4.6(d) By submitting an application for licensure, an applicant authorizes the board to
4.7investigate any information provided or requested in the application. The board may
4.8request that the applicant provide additional information, verification, or documentation.
4.9(e) Within one year of the time the board receives an application for licensure, the
4.10applicant must meet all the requirements and provide all of the information requested by
4.11the board according to paragraphs (a) and (b).
4.12(f) Prelicensure supervised practice hours may be applied to meet the requirements
4.13of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
4.14requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours
4.15obtained on or after August 1, 2011, must meet the supervised practice requirements in
4.16sections 148E.100 to 148E.125.
4.17(g) In addition to the required supervisors listed in Minnesota Statutes 2010,
4.18section 148D.120 and section 148E.120, an alternate supervisor may include a qualified
4.19professional who has a bachelor's or graduate degree, and the authority to direct the
4.20practice of the applicant, including, but not limited to, an agency director, or agency or
4.21consulting supervisor, as determined appropriate by the board.
4.22(h) Unless completed at the time of application for licensure, a licensee granted a
4.23license by the board under this section must meet the supervised practice requirements
4.24in sections 148E.100 to 148E.125. If a licensee does not meet the supervised practice
4.25requirements, the board may take action according to sections 148E.255 to 148E.270.
4.26 Subd. 4. Qualifications during grandfathering for licensure as LGSW. (a) To
4.27be licensed as a licensed graduate social worker, an applicant for licensure under this
4.28section must provide evidence satisfactory to the board that the individual has completed
4.29a graduate degree:
4.30(1) in social work from a program accredited by the Council on Social Work
4.31Education, the Canadian Association of Schools of Social Work, or a similar accrediting
4.32body designated by the board; or
4.33(2) in psychology, sociology, marriage and family therapy, human services, or social
4.34and behavioral sciences from an accredited college or university; or
5.1(3) with a major in any field from an accredited college or university, and one year
5.2of experience in the practice of social work as described in section 148E.010, subdivisions
5.36 and 11.
5.4(b) To be licensed as a licensed graduate social worker, an applicant for licensure
5.5under this section must provide evidence satisfactory to the board that the individual has:
5.6(1) submitted a completed, signed application and the license fee in section
5.7148E.180;
5.8(2) for applications submitted electronically, provided an attestation as specified
5.9by the board;
5.10(3) submitted the criminal background check fee and a form provided by the board
5.11authorizing a criminal background check;
5.12(4) paid the applicable license fee in section 148E.180; and
5.13(5) not engaged in conduct that was or would be in violation of the standards
5.14of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
5.15sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
5.16would be in violation of the standards of practice, the board may take action according to
5.17sections 148E.255 to 148E.270.
5.18(c) An application that is not completed and signed, or that is not accompanied by
5.19the correct license fee, must be returned to the applicant, along with any fee submitted,
5.20and is void.
5.21(d) By submitting an application for licensure, an applicant authorizes the board to
5.22investigate any information provided or requested in the application. The board may
5.23request that the applicant provide additional information, verification, or documentation.
5.24(e) Within one year of the time the board receives an application for licensure, the
5.25applicant must meet all the requirements and provide all of the information requested by
5.26the board according to paragraphs (a) and (b).
5.27(f) Prelicensure supervised practice hours may be applied to meet the requirements
5.28of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
5.29requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours
5.30obtained on or after August 1, 2011, must meet the supervised practice requirements in
5.31sections 148E.100 to 148E.125.
5.32(g) In addition to the required supervisors listed in Minnesota Statutes 2010, section
5.33148D.120, and section 148E.120, an alternate supervisor of nonclinical practice may
5.34include a qualified professional who has a bachelor's or graduate degree, and the authority
5.35to direct the practice of the applicant, including, but not limited to, an agency director, or
5.36agency or consulting supervisor, as determined appropriate by the board.
6.1(h) Unless completed at the time of application for licensure, a licensee granted a
6.2license by the board under this section must meet the supervised practice requirements
6.3specified in sections 148E.100 to 148E.125. If a licensee does not meet the supervised
6.4practice requirements, the board may take action according to sections 148E.255 to
6.5148E.270.
6.6 Subd. 5. Qualifications during grandfathering for licensure as LISW. (a) To be
6.7licensed as a licensed independent social worker, an applicant for licensure under this
6.8section must provide evidence satisfactory to the board that the individual has completed
6.9a graduate degree:
6.10(1) in social work from a program accredited by the Council on Social Work
6.11Education, the Canadian Association of Schools of Social Work, or a similar accrediting
6.12body designated by the board; or
6.13(2) in psychology, sociology, marriage and family therapy, human services, or social
6.14and behavioral sciences from an accredited college or university; or
6.15(3) with a major in any field from an accredited college or university, and one year
6.16of experience in the practice of social work according to section 148E.010, subdivision 11.
6.17(b) To be licensed as a licensed independent social worker, an applicant for licensure
6.18under this section must provide evidence satisfactory to the board that the individual has:
6.19(1) practiced social work as defined in section 148E.010, subdivision 11, and has
6.20met the supervised practice requirements as follows: (i) for hours obtained prior to
6.21August 1, 2011, has met the requirements in Minnesota Statutes 2010, sections 148D.100
6.22to 148D.125; (ii) for hours obtained after August 1, 2011, has met the requirements in
6.23sections 148E.100 to 148E.125; and (iii) in addition to the supervisors listed in Minnesota
6.24Statutes 2010, section 148D.120, or section 148E.120, an alternate supervisor of
6.25nonclinical practice may include a qualified professional who has a bachelor's or graduate
6.26degree and the authority to direct the practice of the applicant, including but not limited to
6.27an agency director, or agency or consulting supervisor as determined by the board.
6.28(2) submitted a completed, signed application and the license fee in section
6.29148E.180;
6.30(3) for applications submitted electronically, provided an attestation as specified
6.31by the board;
6.32(4) submitted the criminal background check fee and a form provided by the board
6.33authorizing a criminal background check;
6.34(5) paid the applicable license fee specified in section 148E.180; and
6.35(6) not engaged in conduct that was or would be in violation of the standards
6.36of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
7.1sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
7.2would be in violation of the standards of practice, the board may take action according to
7.3sections 148E.255 to 148E.270.
7.4(c) An application that is not completed, signed, and accompanied by the correct
7.5license fee must be returned to the applicant, along with any fee submitted, and is void.
7.6(d) By submitting an application for licensure, an applicant authorizes the board to
7.7investigate any information provided or requested in the application. The board may
7.8request that the applicant provide additional information, verification, or documentation.
7.9(e) Within one year of the time the board receives an application for licensure, the
7.10applicant must meet all the requirements and provide all of the information requested by
7.11the board according to paragraphs (a) and (b).
7.12(f) Upon licensure, a licensed independent social worker who practices clinical
7.13social work must meet the supervised practice requirements specified in sections 148E.100
7.14to 148E.125. If a licensee does not meet the supervised practice requirements, the board
7.15may take action according to sections 148E.255 to 148E.270.
7.16 Subd. 6. Qualifications during grandfathering for licensure as LICSW. (a) To be
7.17licensed as a licensed independent clinical social worker, an applicant for licensure under
7.18this section must provide evidence satisfactory to the board that the individual has:
7.19(1) completed a graduate degree in social work from a program accredited by the
7.20Council on Social Work Education, the Canadian Association of Schools of Social Work,
7.21or a similar accrediting body designated by the board; or
7.22(2) completed a graduate degree and is a mental health professional according to
7.23section 245.462, subdivision 18, clauses (1) to (6).
7.24(b) To be licensed as a licensed independent clinical social worker, an applicant
7.25for licensure under this section must provide evidence satisfactory to the board that the
7.26individual has:
7.27(1) practiced clinical social work as defined in section 148E.010, subdivision 6,
7.28including both diagnosis and treatment, and has met the supervised practice requirements
7.29specified in sections 148E.100 to 148E.125, excluding the 1,800 hours of direct clinical
7.30client contact specified in section 148E.115, subdivision 1, except that supervised practice
7.31hours obtained prior to August 1, 2011, must meet the requirements in Minnesota Statutes
7.322010, sections 148D.100 to 148D.125;
7.33(2) submitted a completed, signed application and the license fee in section
7.34148E.180;
7.35(3) for applications submitted electronically, provided an attestation as specified
7.36by the board;
8.1(4) submitted the criminal background check fee and a form provided by the board
8.2authorizing a criminal background check;
8.3(5) paid the license fee in section 148E.180; and
8.4(6) not engaged in conduct that was or would be in violation of the standards
8.5of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
8.6sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
8.7would be in violation of the standards of practice, the board may take action according to
8.8sections 148E.255 to 148E.270.
8.9(c) An application which is not completed, signed, and accompanied by the correct
8.10license fee must be returned to the applicant, along with any fee submitted, and is void.
8.11(d) By submitting an application for licensure, an applicant authorizes the board to
8.12investigate any information provided or requested in the application. The board may
8.13request that the applicant provide additional information, verification, or documentation.
8.14(e) Within one year of the time the board receives an application for licensure, the
8.15applicant must meet all the requirements and provide all of the information requested
8.16by the board.
8.17 Subd. 7. Criminal background checks. The provisions of section 148E.055,
8.18subdivision 8, apply to criminal background checks described under this section.
8.19EFFECTIVE DATE.This section is effective August 1, 2012.
8.20 Sec. 3. [148E.0556] LISW TRANSITION PERIOD EXCEPTION.
8.21At any time on or after January 1, 2013, until December 31, 2017, to qualify for a
8.22licensed independent social worker license, an applicant must submit an application to the
8.23board for a licensed independent social worker license and:
8.24(1) hold a current licensed graduate social worker license issued through
8.25grandfathering under section 148E.0555, subdivision 4, and:
8.26(i) meet all requirements in effect at the time of application according to section
8.27148E.055, subdivision 4, paragraph (a), excluding clause (1); and
8.28(ii) meet the supervised practice requirements according to section 148E.055,
8.29subdivision 4, paragraph (a), clause (2); or
8.30(2) hold a current licensed graduate social worker license issued through
8.31grandfathering prior to July 1, 1996, and:
8.32(i) meet all requirements in effect at the time of application according to section
8.33148E.055, subdivision 4, paragraph (a), excluding clause (1); and
8.34(ii) meet the supervised practice requirements according to section 148E.055,
8.35subdivision 4, paragraph (a), clause (2).
9.1EFFECTIVE DATE.This section is effective August 1, 2012.
9.2 Sec. 4. [148E.0557] LICSW TRANSITION PERIOD EXCEPTION.
9.3At any time on or after January 1, 2013, until December 31, 2017, to qualify for
9.4a licensed independent clinical social worker license, an applicant must submit an
9.5application to the board for a licensed independent clinical social worker license and:
9.6(1) hold a current licensed graduate social worker or licensed independent social
9.7worker license issued through grandfathering under section 148E.0555, subdivision 4
9.8or 5, and:
9.9(i) meet all requirements in effect at the time of application according to section
9.10148E.055, subdivision 5, paragraph (a), excluding clause (1); and
9.11(ii) meet the supervised practice requirements according to section 148E.055,
9.12subdivision 5, paragraph (a), clause (3); or
9.13(2) hold a current licensed graduate social worker or licensed independent social
9.14worker license issued through grandfathering prior to July 1, 1996, and:
9.15(i) meet all requirements in effect at the time of application according to section
9.16148E.055, subdivision 5, paragraph (a), excluding clause (1); and
9.17(ii) meet the supervised practice requirements according to section 148E.055,
9.18subdivision 5, paragraph (a), clause (3).
9.19EFFECTIVE DATE.This section is effective August 1, 2012.
9.20 Sec. 5. Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:
9.21 Subdivision 1. Students and other persons not currently licensed in another
9.22jurisdiction. (a) The board may issue a temporary license to practice social work to an
9.23applicant who is not licensed or credentialed to practice social work in any jurisdiction
9.24but has:
9.25 (1) applied for a license under section
9.26 (2) applied for a temporary license on a form provided by the board;
9.27 (3) submitted a form provided by the board authorizing the board to complete a
9.28criminal background check;
9.29 (4) passed the applicable licensure examination provided for in section
9.30 (5) attested on a form provided by the board that the applicant has completed the
9.31requirements for a baccalaureate or graduate degree in social work from a program
9.32accredited by the Council on Social Work Education, the Canadian Association of Schools
9.33of Social Work, or a similar
9.34doctorate in social work from an accredited university; and
10.1 (6) not engaged in conduct that was or would be in violation of the standards of
10.2practice specified in sections
10.3conduct that was or would be in violation of the standards of practice, the board may take
10.4action according to sections
10.5(b) A temporary license issued under this subdivision expires after six months.
10.6EFFECTIVE DATE.This section is effective August 1, 2012.
10.7 Sec. 6. Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:
10.8 Subd. 2. Emergency situations and persons currently licensed in another
10.9jurisdiction. (a) The board may issue a temporary license to practice social work to an
10.10applicant who is licensed or credentialed to practice social work in another jurisdiction,
10.11may or may not have applied for a license under section
10.12 (1) applied for a temporary license on a form provided by the board;
10.13 (2) submitted a form provided by the board authorizing the board to complete a
10.14criminal background check;
10.15 (3) submitted evidence satisfactory to the board that the applicant is currently
10.16licensed or credentialed to practice social work in another jurisdiction;
10.17 (4) attested on a form provided by the board that the applicant has completed the
10.18requirements for a baccalaureate or graduate degree in social work from a program
10.19accredited by the Council on Social Work Education, the Canadian Association of Schools
10.20of Social Work, or a similar
10.21doctorate in social work from an accredited university; and
10.22 (5) not engaged in conduct that was or would be in violation of the standards of
10.23practice specified in sections
10.24conduct that was or would be in violation of the standards of practice, the board may take
10.25action according to sections
10.26(b) A temporary license issued under this subdivision expires after six months.
10.27EFFECTIVE DATE.This section is effective August 1, 2012.
10.28 Sec. 7. Minnesota Statutes 2010, section 148E.060, is amended by adding a subdivision
10.29to read:
10.30 Subd. 2a. Programs in candidacy status. (a) The board may issue a temporary
10.31license to practice social work to an applicant who has completed the requirements for a
10.32baccalaureate or graduate degree in social work from a program in candidacy status with
11.1the Council on Social Work Education, the Canadian Association of Schools of Social
11.2Work, or a similar accrediting body designated by the board, and has:
11.3(1) applied for a license under section 148E.055;
11.4(2) applied for a temporary license on a form provided by the board;
11.5(3) submitted a form provided by the board authorizing the board to complete a
11.6criminal background check;
11.7(4) passed the applicable licensure examination provided for in section 148E.055;
11.8and
11.9(5) not engaged in conduct that is in violation of the standards of practice specified
11.10in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in
11.11violation of the standards of practice, the board may take action according to sections
11.12148E.255 to 148E.270.
11.13(b) A temporary license issued under this subdivision expires after 12 months but
11.14may be extended at the board's discretion upon a showing that the social work program
11.15remains in good standing with the Council on Social Work Education, the Canadian
11.16Association of Schools of Social Work, or a similar accrediting body designated by the
11.17board. If the board receives notice from the Council on Social Work Education, the
11.18Canadian Association of Schools of Social Work, or a similar accrediting body designated
11.19by the board that the social work program is not in good standing, or that the accreditation
11.20will not be granted to the social work program, the temporary license is immediately
11.21revoked.
11.22EFFECTIVE DATE.This section is effective August 1, 2012.
11.23 Sec. 8. Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:
11.24 Subd. 3. Teachers. (a) The board may issue a temporary license to practice social
11.25work to an applicant whose permanent residence is outside the United States, who is
11.26teaching social work at an academic institution in Minnesota for a period not to exceed
11.2712 months, who may or may not have applied for a license under section
11.28who has:
11.29 (1) applied for a temporary license on a form provided by the board;
11.30 (2) submitted a form provided by the board authorizing the board to complete a
11.31criminal background check;
11.32 (3) attested on a form provided by the board that the applicant has completed the
11.33requirements for a baccalaureate or graduate degree in social work; and
11.34 (4) has not engaged in conduct that was or would be in violation of the standards
11.35of practice specified in sections
12.1conduct that was or would be in violation of the standards of practice, the board may take
12.2action according to sections
12.3(b) A temporary license issued under this subdivision expires after 12 months.
12.4EFFECTIVE DATE.This section is effective August 1, 2012.
12.5 Sec. 9. Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:
12.6 Subd. 5. Temporary license term.
12.7or until the board issues or denies the license according to section
12.8the board revokes the temporary license, whichever comes first. A temporary license is
12.9nonrenewable.
12.10
12.11
12.12
12.13EFFECTIVE DATE.This section is effective August 1, 2012.
12.14 Sec. 10. Minnesota Statutes 2010, section 148E.065, subdivision 2, is amended to read:
12.15 Subd. 2. Students. An internship, externship, or any other social work experience
12.16that is required for the completion of an accredited program of social work does not
12.17constitute the practice of social work under this chapter. Students exempted under this
12.18section may use the title "social work intern."
12.19EFFECTIVE DATE.This section is effective August 1, 2012.
12.20 Sec. 11. Minnesota Statutes 2010, section 148E.065, subdivision 4, is amended to read:
12.21 Subd. 4. City, county, and state agency social workers. The licensure of city,
12.22county, and state agency social workers is voluntary. City, county, and state agencies
12.23employing social workers are not required to employ licensed social workers.
12.24This subdivision expires July 1, 2016.
12.25EFFECTIVE DATE.This section is effective August 1, 2012.
12.26 Sec. 12. Minnesota Statutes 2010, section 148E.065, is amended by adding a
12.27subdivision to read:
12.28 Subd. 4a. City, county, and state social workers. (a) Beginning July 1, 2016, the
12.29licensure of city, county, and state agency social workers is voluntary, except an individual
12.30who is newly employed by a city or state agency after July 1, 2016, must be licensed
13.1if the individual who provides social work services, as those services are defined in
13.2section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title
13.3incorporating the words "social work" or "social worker."
13.4(b) City, county, and state agencies employing social workers are not required to
13.5employ licensed social workers.
13.6EFFECTIVE DATE.This section is effective August 1, 2012.
13.7 Sec. 13. Minnesota Statutes 2010, section 148E.065, subdivision 5, is amended to read:
13.8 Subd. 5. Tribes and private nonprofit agencies; voluntary licensure. The
13.9licensure of social workers who are employed by federally recognized tribes, or by private
13.10nonprofit agencies whose primary service focus addresses ethnic minority populations,
13.11and who are themselves members of ethnic minority populations within those agencies, is
13.12voluntary.
13.13This subdivision expires July 1, 2016.
13.14EFFECTIVE DATE.This section is effective August 1, 2012.
13.15 Sec. 14. Minnesota Statutes 2010, section 148E.065, is amended by adding a
13.16subdivision to read:
13.17 Subd. 5a. Tribes and private nonprofit agencies; voluntary licensure. (a) The
13.18licensure of social workers who are employed by federally recognized tribes is voluntary.
13.19(b) The licensure of private, nonprofit, nontribal agency social workers whose
13.20primary service focus addresses ethnic minority populations, and who are themselves
13.21members of ethnic minority populations within those agencies, is voluntary until July 1,
13.222016, when newly employed individuals who practice social work must be licensed as
13.23required under section 148E.055, subdivision 1.
13.24EFFECTIVE DATE.This section is effective August 1, 2012.
13.25 Sec. 15. Minnesota Statutes 2010, section 148E.120, is amended to read:
13.26148E.120 REQUIREMENTS OF SUPERVISORS.
13.27 Subdivision 1. Supervisors licensed as social workers. (a) Except as provided in
13.28
13.29social worker must:
14.1 (1) have completed 30 hours of training in supervision through coursework from
14.2an accredited college or university, or through continuing education in compliance with
14.3sections
14.4 (2) be competent in the activities being supervised; and
14.5 (3) attest, on a form provided by the board, that the social worker has met the
14.6applicable requirements specified in this section and sections
14.7board may audit the information provided to determine compliance with the requirements
14.8of this section.
14.9(b) A licensed independent clinical social worker providing clinical licensing
14.10supervision to a licensed graduate social worker or a licensed independent social worker
14.11must have at least 2,000 hours of experience in authorized social work practice, including
14.121,000 hours of experience in clinical practice after obtaining a licensed independent
14.13clinical social worker license.
14.14(c) A licensed social worker, licensed graduate social worker, licensed independent
14.15social worker, or licensed independent clinical social worker providing nonclinical
14.16licensing supervision must have completed the supervised practice requirements specified
14.17in section
14.18
14.19
14.20
14.21 Subd. 2. Alternate supervisors. (a)
14.22
14.23board shall approve up to 25 percent of the required supervision hours by a licensed mental
14.24health professional who is competent and qualified to provide supervision according to the
14.25mental health professional's respective licensing board, as established by section 245.462,
14.26subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6).
14.27
14.28
14.29
14.30
14.31
14.32
14.33
14.34
14.35
14.36
15.1
15.2
15.3
15.4
15.5
15.6
15.7
15.8
15.9
15.10
15.11
15.12
15.13
15.14
15.15
15.16
15.17
15.18
15.19
15.20
15.21
15.22
15.23
15.24
15.25
15.26
15.27
15.28(b) The board shall approve up to 100 percent of the required supervision hours by
15.29an alternate supervisor if the board determines that:
15.30(1) there are five or fewer supervisors in the county where the licensee practices
15.31social work who meet the applicable licensure requirements in subdivision 1;
15.32(2) the supervisor is an unlicensed social worker who is employed in, and provides
15.33the supervision in, a setting exempt from licensure by section 148E.065, and who has
15.34qualifications equivalent to the applicable requirements specified in sections 148E.100 to
15.35148E.115;
16.1(3) the supervisor is a social worker engaged in authorized social work practice
16.2in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the
16.3qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;
16.4or
16.5(4) the applicant or licensee is engaged in nonclinical authorized social work
16.6practice outside of Minnesota and the supervisor meets the qualifications equivalent to
16.7the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an
16.8equivalent mental health professional, as determined by the board, who is credentialed by
16.9a state, territorial, provincial, or foreign licensing agency; or
16.10(5) the applicant or licensee is engaged in clinical authorized social work practice
16.11outside of Minnesota and the supervisor meets qualifications equivalent to the applicable
16.12requirements in section 148E.115, or the supervisor is an equivalent mental health
16.13professional as determined by the board, who is credentialed by a state, territorial,
16.14provincial, or foreign licensing agency.
16.15(c) In order for the board to consider an alternate supervisor under this section,
16.16the licensee must:
16.17(1) request in the supervision plan and verification submitted according to section
16.18148E.125, that an alternate supervisor conduct the supervision; and
16.19(2) describe the proposed supervision and the name and qualifications of the
16.20proposed alternate supervisor. The board may audit the information provided to determine
16.21compliance with the requirements of this section.
16.22EFFECTIVE DATE.This section is effective August 1, 2012.
16.23 Sec. 16. Minnesota Statutes 2010, section 148E.195, subdivision 2, is amended to read:
16.24 Subd. 2. Representations. (a) No applicant or other individual may be represented
16.25to the public by any title incorporating the words "social work" or "social worker" unless
16.26the individual holds a license according to sections
16.27a setting exempt from licensure according to section
16.28 (b) In all professional use of a social worker's name, the social worker must use
16.29the license designation "LSW" or "licensed social worker" for a licensed social worker,
16.30"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
16.31"LISW" or "licensed independent social worker" for a licensed independent social worker,
16.32or "LICSW" or "licensed independent clinical social worker" for a licensed independent
16.33clinical social worker.
17.1 (c) Public statements or advertisements must not be untruthful, misleading, false,
17.2fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
17.3students, supervisees, or the public.
17.4 (d) A social worker must not:
17.5 (1) use licensure status as a claim, promise, or guarantee of successful service;
17.6 (2) obtain a license by cheating or employing fraud or deception;
17.7 (3) make false statements or misrepresentations to the board or in materials
17.8submitted to the board; or
17.9 (4) engage in conduct that has the potential to deceive or defraud a social work
17.10client, intern, student, supervisee, or the public.
17.11(e) This subdivision expires July 1, 2016.
17.12EFFECTIVE DATE.This section is effective August 1, 2012.
17.13 Sec. 17. Minnesota Statutes 2010, section 148E.195, is amended by adding a
17.14subdivision to read:
17.15 Subd. 2a. Representations. Effective July 1, 2016:
17.16(a) No applicant or other individual may be represented to the public by any title
17.17incorporating the words "social work" or "social worker" unless the individual is employed
17.18by a county or holds a license according to this chapter.
17.19(b) In all professional use of a social worker's name, the social worker must use
17.20the license designation "LSW" or "licensed social worker" for a licensed social worker,
17.21"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
17.22"LISW" or "licensed independent social worker" for a licensed independent social worker,
17.23or "LICSW" or "licensed independent clinical social worker" for a licensed independent
17.24clinical social worker.
17.25(c) Public statements or advertisements must not be untruthful, misleading, false,
17.26fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
17.27students, supervisees, or the public.
17.28(d) A social worker must not:
17.29(1) use licensure status as a claim, promise, or guarantee of successful service;
17.30(2) obtain a license by cheating or employing fraud or deception;
17.31(3) make false statements or misrepresentations to the board or in materials
17.32submitted to the board; or
17.33(4) engage in conduct that has the potential to deceive or defraud a social work
17.34client, intern, student, supervisee, or the public.
18.1EFFECTIVE DATE.This section is effective August 1, 2012.
18.2 Sec. 18. Minnesota Statutes 2010, section 148E.280, is amended to read:
18.3148E.280 USE OF TITLES.
18.4 (a) No individual may be presented to the public by any title incorporating the words
18.5"social work" or "social worker" or in the titles in section
18.6holds a license under sections
18.7from licensure under section
18.8This paragraph expires July 1, 2016.
18.9(b) Effective July 1, 2016, no individual may be presented to the public by any
18.10title incorporating the words "social work" or "social worker" or in the titles in section
18.11148E.195, unless that individual is employed by a county or holds a license under this
18.12chapter.
18.13EFFECTIVE DATE.This section is effective August 1, 2012.
18.14 Sec. 19. REPEALER.
18.15Minnesota Statutes 2010, section 148E.065, subdivision 3, is repealed August 1,
18.162012.
18.19 Section 1. Minnesota Statutes 2010, section 13.383, subdivision 11a, is amended to
18.20read:
18.21 Subd. 11a. Alcohol and drug counselor licensing; sharing. (a) Sharing of data
18.22collected for licensing of alcohol and drug counselors is governed by section
18.23subdivision 2
18.24(b) Information obtained as part of an investigation or evaluation of a drug
18.25and alcohol counselor is governed by section 148F.025, subdivision 4, or 148F.090,
18.26subdivision 6.
18.27 Sec. 2. [148F.001] SCOPE.
18.28This chapter applies to all applicants and licensees, all persons who use the title
18.29alcohol and drug counselor, and all persons in or out of this state who provide alcohol
18.30and drug counseling services to clients who reside in this state unless there are specific
18.31applicable exemptions provided by law.
19.1 Sec. 3. [148F.010] DEFINITIONS.
19.2 Subdivision 1. Scope. For purposes of this chapter, the terms in this section have
19.3the meanings given.
19.4 Subd. 2. Abuse. "Abuse" means a maladaptive pattern of substance use leading to
19.5clinically significant impairment or distress, as manifested by one or more of the following
19.6occurring at any time during the same 12-month period:
19.7(1) recurrent substance use resulting in a failure to fulfill major role obligations at
19.8work, school, or home;
19.9(2) recurrent substance use in situations in which it is physically hazardous;
19.10(3) recurrent substance-related legal problems; and
19.11(4) continued substance use despite having persistent or recurrent social or
19.12interpersonal problems caused or exacerbated by the effects of the substance.
19.13 Subd. 3. Accredited school or educational program. "Accredited school or
19.14educational program" means a school of alcohol and drug counseling, university, college,
19.15or other postsecondary education program that, at the time the student completes
19.16the program, is accredited by a regional accrediting association whose standards are
19.17substantially equivalent to those of the North Central Association of Colleges and
19.18Postsecondary Education Institutions or an accrediting association that evaluates schools
19.19of alcohol and drug counseling for inclusion of the education, practicum, and core function
19.20standards in this chapter.
19.21 Subd. 4. Alcohol and drug counseling practicum. "Alcohol and drug counseling
19.22practicum" means formal experience gained by a student and supervised by a person either
19.23licensed under this chapter or exempt under its provisions, as part of an accredited school
19.24or educational program of alcohol and drug counseling.
19.25 Subd. 5. Alcohol and drug counselor. "Alcohol and drug counselor" means a
19.26person who holds a valid license issued under this chapter to engage in the practice of
19.27alcohol and drug counseling.
19.28 Subd. 6. Applicant. "Applicant" means a person seeking a license or temporary
19.29permit under this chapter.
19.30 Subd. 7. Board. "Board" means the Board of Behavioral Health and Therapy
19.31established in section 148B.51.
19.32 Subd. 8. Client. "Client" means an individual who is the recipient of any of the
19.33alcohol and drug counseling services described in this section. Client also means "patient"
19.34as defined in section 144.291, subdivision 2, paragraph (g).
19.35 Subd. 9. Competence. "Competence" means the ability to provide services within
19.36the practice of alcohol and drug counseling as defined in subdivision 18, that:
20.1(1) are rendered with reasonable skill and safety;
20.2(2) meet minimum standards of acceptable and prevailing practice as described
20.3in section 148F.120; and
20.4(3) take into account human diversity.
20.5 Subd. 10. Core functions. "Core functions" means the following services provided
20.6in alcohol and drug treatment:
20.7(1) "screening" means the process by which a client is determined appropriate and
20.8eligible for admission to a particular program;
20.9(2) "intake" means the administrative and initial assessment procedures for
20.10admission to a program;
20.11(3) "orientation" means describing to the client the general nature and goals of the
20.12program; rules governing client conduct and infractions that can lead to disciplinary
20.13action or discharge from the program; in a nonresidential program, the hours during which
20.14services are available; treatment costs to be borne by the client, if any; and client's rights;
20.15(4) "assessment" means those procedures by which a counselor identifies and
20.16evaluates an individual's strengths, weaknesses, problems, and needs to develop a
20.17treatment plan or make recommendations for level of care placement;
20.18(5) "treatment planning" means the process by which the counselor and the client
20.19identify and rank problems needing resolution; establish agreed upon immediate and
20.20long-term goals; and decide on a treatment process and the sources to be utilized;
20.21(6) "counseling" means the utilization of special skills to assist individuals, families,
20.22or groups in achieving objectives through exploration of a problem and its ramifications;
20.23examination of attitudes and feelings; consideration of alternative solutions; and decision
20.24making;
20.25(7) "case management" means activities that bring services, agencies, resources,
20.26or people together within a planned framework of action toward the achievement of
20.27established goals;
20.28(8) "crisis intervention" means those services which respond to an alcohol or other
20.29drug user's needs during acute emotional or physical distress;
20.30(9) "client education" means the provision of information to clients who are
20.31receiving or seeking counseling concerning alcohol and other drug abuse and the available
20.32services and resources;
20.33(10) "referral" means identifying the needs of the client which cannot be met by the
20.34counselor or agency and assisting the client to utilize the support systems and available
20.35community resources;
21.1(11) "reports and record keeping" means charting the results of the assessment
21.2and treatment plan and writing reports, progress notes, discharge summaries, and other
21.3client-related data; and
21.4(12) "consultation with other professionals regarding client treatment and services"
21.5means communicating with other professionals in regard to client treatment and services
21.6to assure comprehensive, quality care for the client.
21.7 Subd. 11. Credential. "Credential" means a license, permit, certification,
21.8registration, or other evidence of qualification or authorization to engage in the practice of
21.9an occupation in any state or jurisdiction.
21.10 Subd. 12. Dependent on the provider. "Dependent on the provider" means that the
21.11nature of a former client's emotional or cognitive condition and the nature of the services
21.12by the provider are such that the provider knows or should have known that the former
21.13client is unable to withhold consent to sexually exploitative behavior by the provider.
21.14 Subd. 13. Familial. "Familial" means of, involving, related to, or common to a
21.15family member as defined in subdivision 14.
21.16 Subd. 14. Family member or member of the family. "Family member" or
21.17"member of the family" means a spouse, parent, offspring, sibling, grandparent,
21.18grandchild, uncle, aunt, niece, or nephew, or an individual who serves in the role of one of
21.19the foregoing.
21.20 Subd. 15. Group clients. "Group clients" means two or more individuals who are
21.21each a corecipient of alcohol and drug counseling services. Group clients may include,
21.22but are not limited to, two or more family members, when each is the direct recipient of
21.23services, or each client receiving group counseling services.
21.24 Subd. 16. Informed consent. "Informed consent" means an agreement between
21.25a provider and a client that authorizes the provider to engage in a professional activity
21.26affecting the client. Informed consent requires:
21.27(1) the provider to give the client sufficient information so the client is able to decide
21.28knowingly whether to agree to the proposed professional activity;
21.29(2) the provider to discuss the information in language that the client can reasonably
21.30be expected to understand; and
21.31(3) the client's consent to be given without undue influence by the provider.
21.32 Subd. 17. Licensee. "Licensee" means a person who holds a valid license under
21.33this chapter.
21.34 Subd. 18. Practice of alcohol and drug counseling. "Practice of alcohol and
21.35drug counseling" means the observation, description, evaluation, interpretation, and
21.36modification of human behavior by the application of core functions as it relates to the
22.1harmful or pathological use or abuse of alcohol or other drugs. The practice of alcohol
22.2and drug counseling includes, but is not limited to, the following activities, regardless of
22.3whether the counselor receives compensation for the activities:
22.4(1) assisting clients who use alcohol or drugs, evaluating that use, and recognizing
22.5dependency if it exists;
22.6(2) assisting clients with alcohol or other drug problems to gain insight and
22.7motivation aimed at resolving those problems;
22.8(3) providing experienced professional guidance, assistance, and support for the
22.9client's efforts to develop and maintain a responsible functional lifestyle;
22.10(4) recognizing problems outside the scope of the counselor's training, skill, or
22.11competence and referring the client to other appropriate professional services;
22.12(5) diagnosing the level of alcohol or other drug use involvement to determine the
22.13level of care;
22.14(6) individual planning to prevent a return to harmful alcohol or chemical use;
22.15(7) alcohol and other drug abuse education for clients;
22.16(8) consultation with other professionals;
22.17(9) gaining diversity awareness through ongoing training and education; and
22.18(10) providing the above services, as needed, to family members or others who are
22.19directly affected by someone using alcohol or other drugs.
22.20 Subd. 19. Practice foundation. "Practice foundation" means that an alcohol and
22.21drug counseling service or continuing education activity is based upon observations,
22.22methods, procedures, or theories that are generally accepted by the professional
22.23community in alcohol and drug counseling.
22.24 Subd. 20. Private information. "Private information" means any information,
22.25including, but not limited to, client records as defined in section 148F.150, test results,
22.26or test interpretations developed during a professional relationship between a provider
22.27and a client.
22.28 Subd. 21. Provider. "Provider" means a licensee, a temporary permit holder, or an
22.29applicant.
22.30 Subd. 22. Public statement. "Public statement" means any statement,
22.31communication, or representation, by a provider to the public regarding the provider or
22.32the provider's professional services or products. Public statements include, but are not
22.33limited to, advertising, representations in reports or letters, descriptions of credentials
22.34and qualifications, brochures and other descriptions of services, directory listings,
22.35personal resumes or curricula vitae, comments for use in the media, Web sites, grant and
22.36credentialing applications, or product endorsements.
23.1 Subd. 23. Report. "Report" means any written or oral professional communication,
23.2including a letter, regarding a client or subject that includes one or more of the following:
23.3historical data, behavioral observations, opinions, diagnostic or evaluative statements,
23.4or recommendations. The testimony of a provider as an expert or fact witness in a
23.5legal proceeding also constitutes a report. For purposes of this chapter, letters of
23.6recommendation for academic or career purposes are not considered reports.
23.7 Subd. 24. Significant risks and benefits. "Significant risks and benefits" means
23.8those risks and benefits that are known or reasonably foreseeable by the provider,
23.9including the possible range and likelihood of outcomes, and that are necessary for the
23.10client to know in order to decide whether to give consent to proposed services or to
23.11reasonable alternative services.
23.12 Subd. 25. Student. "Student" means an individual who is enrolled in a program in
23.13alcohol and drug counseling at an accredited educational institution, or who is taking an
23.14alcohol and drug counseling course or practicum for credit.
23.15 Subd. 26. Supervisee. "Supervisee" means an individual whose supervision is
23.16required to obtain credentialing by a licensure board or to comply with a board order.
23.17 Subd. 27. Supervisor. "Supervisor" means a licensed alcohol and drug counselor
23.18licensed under this chapter or other licensed professional practicing alcohol and drug
23.19counseling under section 148F.110, who meets the requirements of section 148F.040,
23.20subdivision 3, and who provides supervision to persons seeking licensure under section
23.21148F.025, subdivision 3, paragraph (2), clause (ii).
23.22 Subd. 28. Test. "Test" means any instrument, device, survey, questionnaire,
23.23technique, scale, inventory, or other process which is designed or constructed for the
23.24purpose of measuring, evaluating, assessing, describing, or predicting personality,
23.25behavior, traits, cognitive functioning, aptitudes, attitudes, skills, values, interests,
23.26abilities, or other characteristics of individuals.
23.27 Subd. 29. Unprofessional conduct. "Unprofessional conduct" means any conduct
23.28violating sections 148F.001 to 148F.205, or any conduct that fails to conform to the
23.29minimum standards of acceptable and prevailing practice necessary for the protection
23.30of the public.
23.31 Subd. 30. Variance. "Variance" means board-authorized permission to comply with
23.32a law or rule in a manner other than that generally specified in the law or rule.
23.33 Sec. 4. [148F.015] DUTIES OF THE BOARD.
23.34The board shall:
24.1(1) adopt and enforce rules for licensure and regulation of alcohol and drug
24.2counselors and temporary permit holders, including a standard disciplinary process and
24.3rules of professional conduct;
24.4(2) issue licenses and temporary permits to qualified individuals under sections
24.5148F.001 to 148F.205;
24.6(3) carry out disciplinary actions against licensees and temporary permit holders;
24.7(4) educate the public about the existence and content of the regulations for alcohol
24.8and drug counselor licensing to enable consumers to file complaints against licensees who
24.9may have violated the rules; and
24.10(5) collect nonrefundable license fees for alcohol and drug counselors.
24.11 Sec. 5. [148F.020] DUTY TO MAINTAIN CURRENT INFORMATION.
24.12All individuals licensed as alcohol and drug counselors, all individuals with
24.13temporary permits, and all applicants for licensure must notify the board within 30 days
24.14of the occurrence of any of the following:
24.15(1) a change of name, address, place of employment, and home or business
24.16telephone number; and
24.17(2) a change in any other application information.
24.18 Sec. 6. [148F.025] REQUIREMENTS FOR LICENSURE.
24.19 Subdivision 1. Form; fee. Individuals seeking licensure as a licensed alcohol and
24.20drug counselor shall fully complete and submit a notarized written application on forms
24.21provided by the board together with the appropriate fee in the amount set under section
24.22148F.115. No portion of the fee is refundable.
24.23 Subd. 2. Education requirements for licensure. An applicant for licensure must
24.24submit evidence satisfactory to the board that the applicant has:
24.25(1) received a bachelor's degree from an accredited school or educational program;
24.26and
24.27(2) received 18 semester credits or 270 clock hours of academic course work and
24.28880 clock hours of supervised alcohol and drug counseling practicum from an accredited
24.29school or education program. The course work and practicum do not have to be part of
24.30the bachelor's degree earned under clause (1). The academic course work must be in
24.31the following areas:
24.32(i) an overview of the transdisciplinary foundations of alcohol and drug counseling,
24.33including theories of chemical dependency, the continuum of care, and the process of
24.34change;
25.1(ii) pharmacology of substance abuse disorders and the dynamics of addiction,
25.2including medication-assisted therapy;
25.3(iii) professional and ethical responsibilities;
25.4(iv) multicultural aspects of chemical dependency;
25.5(v) co-occurring disorders; and
25.6(vi) the core functions defined in section 148F.010, subdivision 10.
25.7 Subd. 3. Examination requirements for licensure. (a) To be eligible for licensure,
25.8the applicant must:
25.9(1) satisfactorily pass the International Certification and Reciprocity Consortium
25.10Alcohol and Other Drug Abuse Counselor (IC&RC AODA) written examination adopted
25.11June 2008, or other equivalent examination as determined by the board; or
25.12(2) satisfactorily pass a written examination for licensure as an alcohol and drug
25.13counselor, as determined by the board, and one of the following:
25.14(i) complete a written case presentation and pass an oral examination that
25.15demonstrates competence in the core functions as defined in section 148F.010, subdivision
25.1610; or
25.17(ii) complete 2,000 hours of postdegree supervised professional practice under
25.18section 148F.040.
25.19 Subd. 4. Background investigation. The applicant must sign a release authorizing
25.20the board to obtain information from the Bureau of Criminal Apprehension, the
25.21Department of Human Services, the Office of Health Facilities Complaints, and other
25.22agencies specified by the board. After the board has given written notice to an individual
25.23who is the subject of a background investigation, the agencies shall assist the board with
25.24the investigation by giving the board criminal conviction data, reports about substantiated
25.25maltreatment of minors and vulnerable adults, and other information. The board may
25.26contract with the commissioner of human services to obtain criminal history data from the
25.27Bureau of Criminal Apprehension. Information obtained under this subdivision is private
25.28data on individuals as defined in section 13.02, subdivision 12.
25.29 Sec. 7. [148F.030] RECIPROCITY.
25.30(a) An individual who holds a current license or national certification as an alcohol
25.31and drug counselor from another jurisdiction must file with the board a completed
25.32application for licensure by reciprocity containing the information required in this section.
25.33(b) The applicant must request the credentialing authority of the jurisdiction in
25.34which the credential is held to send directly to the board a statement that the credential
25.35is current and in good standing, the applicant's qualifications that entitled the applicant
26.1to the credential, and a copy of the jurisdiction's credentialing laws and rules that were
26.2in effect at the time the applicant obtained the credential.
26.3(c) The board shall issue a license if the board finds that the requirements which
26.4the applicant met to obtain the credential from the other jurisdiction were substantially
26.5similar to the current requirements for licensure in this chapter and that the applicant is not
26.6otherwise disqualified under section 148F.090.
26.7 Sec. 8. [148F.035] TEMPORARY PERMIT.
26.8(a) The board may issue a temporary permit to practice alcohol and drug counseling
26.9to an individual prior to being licensed under this chapter if the person:
26.10(1) received an associate degree, or an equivalent number of credit hours, completed
26.11880 clock hours of supervised alcohol and drug counseling practicum, and 18 semester
26.12credits or 270 clock hours of academic course work in alcohol and drug counseling from
26.13an accredited school or education program; and
26.14(2) completed academic course work in the following areas:
26.15(i) overview of the transdisciplinary foundations of alcohol and drug counseling,
26.16including theories of chemical dependency, the continuum of care, and the process of
26.17change;
26.18(ii) pharmacology of substance abuse disorders and the dynamics of addiction,
26.19including medication-assisted therapy;
26.20(iii) professional and ethical responsibilities;
26.21(iv) multicultural aspects of chemical dependency;
26.22(v) co-occurring disorders; and
26.23(vi) core functions defined in section 148F.010, subdivision 10.
26.24(b) An individual seeking a temporary permit shall fully complete and submit
26.25a notarized written application on forms provided by the board together with the
26.26nonrefundable temporary permit fee specified in section 148F.115, subdivision 3, clause
26.27(1).
26.28(c) An individual practicing under this section:
26.29(1) must be supervised by a licensed alcohol and drug counselor or other licensed
26.30professional practicing alcohol and drug counseling under section 148F.110, subdivision 1;
26.31(2) is subject to all statutes and rules to the same extent as an individual who is
26.32licensed under this chapter, except the individual is not subject to the continuing education
26.33requirements of section 148F.075; and
26.34(3) must use the title "Alcohol and Drug Counselor-Trainee" or the letters "ADC-T"
26.35in professional activities.
27.1(d)(1) An individual practicing with a temporary permit must submit a renewal
27.2application annually on forms provided by the board with the renewal fee required in
27.3section 148F.115, subdivision 3.
27.4(2) A temporary permit is automatically terminated if not renewed, upon a change in
27.5supervision, or upon the granting or denial by the board of the applicant's application for
27.6licensure as an alcohol and drug counselor.
27.7(3) A temporary permit may be renewed no more than five times.
27.8 Sec. 9. [148F.040] SUPERVISED POSTDEGREE PROFESSIONAL PRACTICE.
27.9 Subdivision 1. Supervision. For the purposes of this section, "supervision" means
27.10documented interactive consultation, which, subject to the limitations of subdivision 4,
27.11paragraph (b), may be conducted in person, by telephone, or by audio or audiovisual
27.12electronic device by a supervisor with a supervisee. The supervision must be adequate to
27.13ensure the quality and competence of the activities supervised. Supervisory consultation
27.14must include discussions on the nature and content of the practice of the supervisee,
27.15including, but not limited to, a review of a representative sample of alcohol and drug
27.16counseling services in the supervisee's practice.
27.17 Subd. 2. Postdegree professional practice. "Postdegree professional practice"
27.18means paid or volunteer work experience and training following graduation from an
27.19accredited school or educational program that involves professional oversight by a
27.20supervisor approved by the board and that satisfies the supervision requirements in
27.21subdivision 4.
27.22 Subd. 3. Supervisor requirements. For the purposes of this section, a supervisor
27.23shall:
27.24(1) be a licensed alcohol and drug counselor or other qualified professional as
27.25determined by the board;
27.26(2) have three years of experience providing alcohol and drug counseling services;
27.27and
27.28(3) have received a minimum of 12 hours of training in clinical and ethical
27.29supervision, which may include course work, continuing education courses, workshops,
27.30or a combination thereof.
27.31 Subd. 4. Supervised practice requirements for licensure. (a) The content of
27.32supervision must include:
27.33(1) knowledge, skills, values, and ethics with specific application to the practice
27.34issues faced by the supervisee, including the core functions in section 148F.010,
27.35subdivision 10;
28.1(2) the standards of practice and ethical conduct, with particular emphasis given to
28.2the counselor's role and appropriate responsibilities, professional boundaries, and power
28.3dynamics; and
28.4(3) the supervisee's permissible scope of practice, as defined in section 148F.010,
28.5subdivision 18.
28.6(b) The supervision must be obtained at the rate of one hour of supervision per 40
28.7hours of professional practice, for a total of 50 hours of supervision. The supervision must
28.8be evenly distributed over the course of the supervised professional practice. At least 75
28.9percent of the required supervision hours must be received in person. The remaining 25
28.10percent of the required hours may be received by telephone or by audio or audiovisual
28.11electronic device. At least 50 percent of the required hours of supervision must be received
28.12on an individual basis. The remaining 50 percent may be received in a group setting.
28.13(c) The supervision must be completed in no fewer than 12 consecutive months
28.14and no more than 36 consecutive months.
28.15(d) The applicant shall include with an application for licensure a verification of
28.16completion of the 2,000 hours of supervised professional practice. Verification must be
28.17on a form specified by the board. The supervisor shall verify that the supervisee has
28.18completed the required hours of supervision according to this section. The supervised
28.19practice required under this section is unacceptable if the supervisor attests that the
28.20supervisee's performance, competence, or adherence to the standards of practice and
28.21ethical conduct has been unsatisfactory.
28.22 Sec. 10. [148F.045] ALCOHOL AND DRUG COUNSELOR TECHNICIAN.
28.23An alcohol and drug counselor technician may perform the screening, intake, and
28.24orientation services described in section 148F.010, subdivision 10, clauses (1), (2), and
28.25(3), while under the direct supervision of a licensed alcohol and drug counselor.
28.26 Sec. 11. [148F.050] LICENSE RENEWAL REQUIREMENTS.
28.27 Subdivision 1. Biennial renewal. A license must be renewed every two years.
28.28 Subd. 2. License renewal notice. At least 60 calendar days before the renewal
28.29deadline date, the board shall mail a renewal notice to the licensee's last known address
28.30on file with the board. The notice must include instructions for accessing an online
28.31application for license renewal, the renewal deadline, and notice of fees required for
28.32renewal. The licensee's failure to receive notice does not relieve the licensee of the
28.33obligation to meet the renewal deadline and other requirements for license renewal.
29.1 Subd. 3. Renewal requirements. (a) To renew a license, a licensee must submit to
29.2the board:
29.3(1) a completed, signed, and notarized application for license renewal;
29.4(2) the renewal fee required under section 148F.115, subdivision 2; and
29.5(3) evidence satisfactory to the board that the licensee has completed 40 clock
29.6hours of continuing education during the preceding two year renewal period that meet the
29.7requirements of section 148F.075.
29.8(b) The application must be postmarked or received by the board by the end of the
29.9day on which the license expires or the following business day if the expiration date
29.10falls on a Saturday, Sunday, or holiday. An application which is not completed, signed,
29.11notarized, or which is not accompanied by the correct fee, is void and must be returned
29.12to the licensee.
29.13 Subd. 4. Pending renewal. If a licensee's application for license renewal is
29.14postmarked or received by the board by the end of the business day on the expiration date
29.15of the license, the licensee may continue to practice after the expiration date while the
29.16application for license renewal is pending with the board.
29.17 Subd. 5. Late renewal fee. If the application for license renewal is postmarked or
29.18received after the expiration date, the licensee shall pay a late fee as specified by section
29.19148F.115, subdivision 5, clause (1), in addition to the renewal fee, before the application
29.20for license renewal will be considered by the board.
29.21 Sec. 12. [148F.055] EXPIRED LICENSE.
29.22 Subdivision 1. Expiration of license. A licensee who fails to submit an application
29.23for license renewal, or whose application for license renewal is not postmarked or received
29.24by the board as required, is not authorized to practice after the expiration date and is
29.25subject to disciplinary action by the board for any practice after the expiration date.
29.26 Subd. 2. Termination for nonrenewal. (a) Within 30 days after the renewal date, a
29.27licensee who has not renewed the license shall be notified by letter sent to the last known
29.28address of the licensee in the board's file that the renewal is overdue and that failure to
29.29pay the current fee and current late fee within 60 days after the renewal date will result in
29.30termination of the license.
29.31(b) The board shall terminate the license of a licensee whose license renewal is at
29.32least 60 days overdue and to whom notification has been sent as provided in paragraph
29.33(a). Failure of a licensee to receive notification is not grounds for later challenge of the
29.34termination. The former licensee shall be notified of the termination by letter within seven
29.35days after the board action, in the same manner as provided in paragraph (a).
30.1 Sec. 13. [148F.060] VOLUNTARY TERMINATION.
30.2A license may be voluntarily terminated by the licensee at any time upon written
30.3notification to the board, unless a complaint is pending against the licensee. The
30.4notification must be received by the board prior to termination of the license for failure to
30.5renew. A former licensee may be licensed again only after complying with the relicensure
30.6following termination requirements under section 148F.065. For purposes of this section,
30.7the board retains jurisdiction over any licensee whose license has been voluntarily
30.8terminated and against whom the board receives a complaint for conduct occurring during
30.9the period of licensure.
30.10 Sec. 14. [148F.065] RELICENSURE FOLLOWING TERMINATION.
30.11 Subdivision 1. Relicensure. For a period of two years, a former licensee whose
30.12license has been voluntarily terminated or terminated for nonrenewal as provided in
30.13section 148F.055, subdivision 2, may be relicensed by completing an application for
30.14relicensure, paying the applicable fee, and verifying that the former licensee has not
30.15engaged in the practice of alcohol and drug counseling in this state since the date of
30.16termination. The verification must be accompanied by a notarized affirmation that the
30.17statement is true and correct to the best knowledge and belief of the former licensee.
30.18 Subd. 2. Continuing education for relicensure. A former licensee seeking
30.19relicensure after license termination must provide evidence of having completed at least
30.2020 hours of continuing education activities for each year, or portion thereof, that the
30.21former licensee did not hold a license.
30.22 Subd. 3. Cancellation of license. The board shall not renew, reissue, reinstate,
30.23or restore the license of a former licensee which was terminated for nonrenewal, or
30.24voluntarily terminated, and for which relicensure was not sought for more than two years
30.25from the date the license was terminated for nonrenewal, or voluntarily terminated. A
30.26former licensee seeking relicensure after this two-year period must obtain a new license
30.27by applying for licensure and fulfilling all requirements then in existence for an initial
30.28license to practice alcohol and drug counseling in Minnesota.
30.29 Sec. 15. [148F.070] INACTIVE LICENSE STATUS.
30.30 Subdivision 1. Request for inactive status. Unless a complaint is pending against
30.31the licensee, a licensee whose license is in good standing may request, in writing, that the
30.32license be placed on the inactive list. If a complaint is pending against a licensee, a license
30.33may not be placed on the inactive list until action relating to the complaint is concluded.
30.34The board must receive the request for inactive status before expiration of the license, or
31.1the person must pay the late fee. A licensee may renew a license that is inactive under this
31.2subdivision by meeting the renewal requirements of subdivision 2. A licensee must not
31.3practice alcohol and drug counseling while the license is inactive.
31.4 Subd. 2. Renewal of inactive license. A licensee whose license is inactive must
31.5renew the inactive status by the inactive status expiration date determined by the board,
31.6or the license will expire. An application for renewal of inactive status must include
31.7evidence satisfactory to the board that the licensee has completed 40 clock hours of
31.8continuing education required in section 148F.075. Late renewal of inactive status must be
31.9accompanied by a late fee as required in section 148F.115, subdivision 5, paragraph (2).
31.10 Sec. 16. [148F.075] CONTINUING EDUCATION REQUIREMENTS.
31.11 Subdivision 1. Purpose. (a) The purpose of mandatory continuing education is to
31.12promote the professional development of alcohol and drug counselors so that the services
31.13they provide promote the health and well-being of clients who receive services.
31.14(b) Continued professional growth and maintaining competence in providing alcohol
31.15and drug counseling services are the ethical responsibilities of each licensee.
31.16 Subd. 2. Requirement. Every two years, all licensees must complete a minimum
31.17of 40 clock hours of continuing education activities that meet the requirements in this
31.18section. The 40 clock hours shall include a minimum of nine clock hours on diversity,
31.19and a minimum of three clock hours on professional ethics. Diversity training includes,
31.20but is not limited to, the topics listed in Minnesota Rules, part 4747.1100, subpart 2.
31.21A licensee may be given credit only for activities that directly relate to the practice
31.22of alcohol and drug counseling.
31.23 Subd. 3. Standards for approval. In order to obtain clock hour credit for a
31.24continuing education activity, the activity must:
31.25(1) constitute an organized program of learning;
31.26(2) reasonably be expected to advance the knowledge and skills of the alcohol
31.27and drug counselor;
31.28(3) pertain to subjects that directly relate to the practice of alcohol and drug
31.29counseling;
31.30(4) be conducted by individuals who have education, training, and experience and
31.31are knowledgeable about the subject matter; and
31.32(5) be presented by a sponsor who has a system to verify participation and maintains
31.33attendance records for three years, unless the sponsor provides dated evidence to each
31.34participant with the number of clock hours awarded.
31.35 Subd. 4. Qualifying activities. Clock hours may be earned through the following:
32.1(1) attendance at educational programs of annual conferences, lectures, panel
32.2discussions, workshops, in-service training, seminars, and symposia;
32.3(2) successful completion of college or university courses offered by a regionally
32.4accredited school or education program, if not being taken in order to meet the educational
32.5requirements for licensure under this chapter. The licensee must obtain a grade of at least
32.6a "C" or its equivalent or a pass in a pass/fail course in order to receive the following
32.7continuing education credits:
32.8(i) one semester credit equals 15 clock hours;
32.9(ii) one trimester credit equals 12 clock hours;
32.10(iii) one quarter credit equals 10 clock hours;
32.11(3) successful completion of home study or online courses offered by an accredited
32.12school or education program and that require a licensee to demonstrate knowledge
32.13following completion of the course;
32.14(4) teaching a course at a regionally accredited institution of higher education. To
32.15qualify for continuing education credit, the course must directly relate to the practice of
32.16alcohol and drug counseling, as determined by the board. Continuing education hours may
32.17be earned only for the first time the licensee teaches the course. Ten continuing education
32.18hours may be earned for each semester credit hour taught; or
32.19(5) presentations at workshops, seminars, symposia, meetings of professional
32.20organizations, in-service trainings, or postgraduate institutes. The presentation must be
32.21related to alcohol and drug counseling. A presenter may claim one hour of continuing
32.22education for each hour of presentation time. A presenter may also receive continuing
32.23education hours for development time at the rate of three hours for each hour of
32.24presentation time. Continuing education hours may be earned only for the licensee's
32.25first presentation on the subject developed.
32.26 Subd. 5. Activities not qualifying for continuing education clock hours.
32.27Approval shall not be given for courses that do not meet the requirements of this section
32.28or are limited to the following:
32.29(1) any subject contrary to the rules of professional conduct;
32.30(2) supervision of personnel;
32.31(3) entertainment or recreational activities;
32.32(4) employment orientation sessions;
32.33(5) policy meetings;
32.34(6) marketing;
32.35(7) business;
32.36(8) first aid, CPR, and similar training classes; and
33.1(9) training related to payment systems, including covered services, coding, and
33.2billing.
33.3 Subd. 6. Documentation of reporting compliance. (a) When the licensee applies
33.4for renewal of the license, the licensee must complete and submit an affidavit of continuing
33.5education compliance showing that the licensee has completed a minimum of 40 approved
33.6continuing education clock hours since the last renewal. Failure to submit the affidavit
33.7when required makes the licensee's renewal application incomplete and void.
33.8(b) All licensees shall retain original documentation of completion of continuing
33.9education hours for a period of five years. For purposes of compliance with this section, a
33.10receipt for payment of the fee for the course is not sufficient evidence of completion of the
33.11required hours of continuing education. Information retained shall include:
33.12(1) the continuing education activity title;
33.13(2) a brief description of the continuing education activity;
33.14(3) the sponsor, presenter, or author;
33.15(4) the location and the dates attended;
33.16(5) the number of clock hours; and
33.17(6) the certificate of attendance, if applicable.
33.18(c) Only continuing education obtained during the two-year reporting period may be
33.19considered at the time of reporting.
33.20 Subd. 7. Continuing education audit. (a) At the time of renewal, the board may
33.21randomly audit a percentage of its licensees for compliance with continuing education
33.22requirements.
33.23(b) The board shall mail a notice to a licensee selected for an audit of continuing
33.24education hours. The notice must include the reporting periods selected for audit.
33.25(c) Selected licensees shall submit copies of the original documentation of completed
33.26continuing education hours. Upon specific request, the licensee shall submit original
33.27documentation. Failure to submit required documentation shall result in the renewal
33.28application being considered incomplete and void and constitute grounds for nonrenewal
33.29of the license and disciplinary action.
33.30 Subd. 8. Variance of continuing education requirements. (a) If a licensee is
33.31unable to meet the continuing education requirements by the renewal date, the licensee
33.32may request a time-limited variance to fulfill the requirements after the renewal date. A
33.33licensee seeking a variance is considered to be renewing late and is subject to the late
33.34renewal fee, regardless of when the request is received or whether the variance is granted.
33.35(b) The licensee shall submit the variance request on a form designated by the board,
33.36include the variance fee subject to section 14.056, subdivision 2, and the late fee for
34.1license renewal under section 148F.115. The variance request is subject to the criteria for
34.2rule variances in section 14.055, subdivision 4, and must include a written plan listing
34.3the activities offered to meet the requirement. Hours completed after the renewal date
34.4pursuant to the written plan count toward meeting only the requirements of the previous
34.5renewal period.
34.6(c) A variance granted under this subdivision expires six months after the license
34.7renewal date. A licensee who is granted a variance but fails to complete the required
34.8continuing education within the six-month period may apply for a second variance
34.9according to this subdivision.
34.10(d) If an initial variance request is denied, the license of the licensee shall not be
34.11renewed until the licensee completes the continuing education requirements. If an initial
34.12variance is granted, and the licensee fails to complete the required continuing education
34.13within the six-month period, the license shall be administratively suspended until the
34.14licensee completes the required continuing education, unless the licensee has obtained a
34.15second variance according to paragraph (c).
34.16 Sec. 17. [148F.080] SPONSOR'S APPLICATION FOR APPROVAL.
34.17 Subdivision 1. Content. Individuals, organizations, associations, corporations,
34.18educational institutions, or groups intending to offer continuing education activities for
34.19approval must submit to the board the sponsor application fee and a completed application
34.20for approval on a form provided by the board. The sponsor must comply with the
34.21following to receive and maintain approval:
34.22(1) submit the application for approval at least 60 days before the activity is
34.23scheduled to begin; and
34.24(2) include the following information in the application for approval to enable the
34.25board to determine whether the activity complies with section 148F.075:
34.26(i) a statement of the objectives of the activity and the knowledge the participants
34.27will have gained upon completion of the activity;
34.28(ii) a description of the content and methodology of the activity which will allow the
34.29participants to meet the objectives;
34.30(iii) a description of the method the participants will use to evaluate the activity;
34.31(iv) a list of the qualifications of each instructor or developer that shows the
34.32instructor's or developer's current knowledge and skill in the activity's subject;
34.33(v) a description of the certificate or other form of verification of attendance
34.34distributed to each participant upon successful completion of the activity;
35.1(vi) the sponsor's agreement to retain attendance lists for a period of five years
35.2from the date of the activity; and
35.3(vii) a copy of any proposed advertisement or other promotional literature.
35.4 Subd. 2. Approval expiration. If the board approves an activity it shall assign the
35.5activity a number. The approval remains in effect for one year from the date of initial
35.6approval. Upon expiration, a sponsor must submit a new application for activity approval
35.7to the board as required by subdivision 1.
35.8 Subd. 3. Statement of board approval. Each sponsor of an approved activity shall
35.9include in any promotional literature a statement that "This activity has been approved by
35.10the Minnesota Board of Behavioral Health and Therapy for ... hours of credit."
35.11 Subd. 4. Changes. The activity sponsor must submit proposed changes in an
35.12approved activity to the board for its approval.
35.13 Subd. 5. Denial of approval. The board shall not approve an activity if it does not
35.14meet the continuing education requirements in section 148F.075. The board shall notify
35.15the sponsor in writing of its reasons for denial.
35.16 Subd. 6. Revocation of approval. The board shall revoke its approval of an activity
35.17if a sponsor falsifies information contained in its application for approval, or if a sponsor
35.18fails to notify the board of changes to an approved activity as required in subdivision 4.
35.19 Sec. 18. [148F.085] NONTRANSFERABILITY OF LICENSES.
35.20An alcohol and drug counselor license is not transferable.
35.21 Sec. 19. [148F.090] DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
35.22 Subdivision 1. Grounds. The board may impose disciplinary action as described
35.23in subdivision 2 against an applicant or licensee whom the board, by a preponderance of
35.24the evidence, determines:
35.25(1) has violated a statute, rule, or order that the board issued or is empowered to
35.26enforce;
35.27(2) has engaged in fraudulent, deceptive, or dishonest conduct, whether or not the
35.28conduct relates to the practice of licensed alcohol and drug counseling that adversely
35.29affects the person's ability or fitness to practice alcohol and drug counseling;
35.30(3) has engaged in unprofessional conduct or any other conduct which has the
35.31potential for causing harm to the public, including any departure from or failure to
35.32conform to the minimum standards of acceptable and prevailing practice without actual
35.33injury having to be established;
36.1(4) has been convicted of or has pled guilty or nolo contendere to a felony or gross
36.2misdemeanor reasonably related to the provision of alcohol and drug counseling services,
36.3or has been shown to have engaged in acts or practices tending to show that the applicant
36.4or licensee is incompetent or has engaged in conduct reflecting adversely on the applicant's
36.5or licensee's ability or fitness to engage in the practice of alcohol and drug counseling;
36.6(5) has employed fraud or deception in obtaining or renewing a license, or in
36.7passing an examination;
36.8(6) has had any license, certificate, registration, privilege to take an examination,
36.9or other similar authority denied, revoked, suspended, canceled, limited, or not renewed
36.10for cause in any jurisdiction or has surrendered or voluntarily terminated a license or
36.11certificate during a board investigation of a complaint, as part of a disciplinary order, or
36.12while under a disciplinary order;
36.13(7) has failed to meet any requirement for the issuance or renewal of the person's
36.14license. The burden of proof is on the applicant or licensee to demonstrate the
36.15qualifications or satisfy the requirements for a license under this chapter;
36.16(8) has failed to cooperate with an investigation by the board;
36.17(9) has demonstrated an inability to practice alcohol and drug counseling with
36.18reasonable skill and safety as a result of illness, use of alcohol, drugs, chemicals, or any
36.19other materials, or as a result of any mental, physical, or psychological condition;
36.20(10) has engaged in conduct with a client that is sexual or may reasonably be
36.21interpreted by the client as sexual, or in any verbal behavior that is seductive or sexually
36.22demeaning to a client;
36.23(11) has been subject to a corrective action or similar, nondisciplinary action in
36.24another jurisdiction or by another regulatory authority;
36.25(12) has been adjudicated as mentally incompetent, mentally ill, or developmentally
36.26disabled or as a chemically dependent person, a person dangerous to the public, a sexually
36.27dangerous person, or a person who has a sexual psychopathic personality by a court
36.28of competent jurisdiction within this state or an equivalent adjudication from another
36.29state. Adjudication automatically suspends a license for the duration thereof unless the
36.30board orders otherwise;
36.31(13) fails to comply with a client's request for health records made under sections
36.32144.291 to 144.298, or to furnish a client record or report required by law;
36.33(14) has engaged in abusive or fraudulent billing practices, including violations of
36.34the federal Medicare and Medicaid laws or state medical assistance laws; or
36.35(15) has engaged in fee splitting. This clause does not apply to the distribution
36.36of revenues from a partnership, group practice, nonprofit corporation, or professional
37.1corporation to its partners, shareholders, members, or employees if the revenues consist
37.2only of fees for services performed by the licensee or under a licensee's administrative
37.3authority. Fee splitting includes, but is not limited to:
37.4(i) dividing fees with another person or a professional corporation, unless the
37.5division is in proportion to the services provided and the responsibility assumed by
37.6each professional;
37.7(ii) referring a client to any health care provider as defined in sections 144.291 to
37.8144.298 in which the referring licensee has a significant financial interest, unless the
37.9licensee has disclosed in advance to the client the licensee's own financial interest; or
37.10(iii) paying, offering to pay, receiving, or agreeing to receive a commission, rebate,
37.11or remuneration, directly or indirectly, primarily for the referral of clients.
37.12 Subd. 2. Forms of disciplinary action. If grounds for disciplinary action exist
37.13under subdivision 1, the board may take one or more of the following actions:
37.14(1) refuse to grant or renew a license;
37.15(2) revoke a license;
37.16(3) suspend a license;
37.17(4) impose limitations or conditions on a licensee's practice of alcohol and drug
37.18counseling, including, but not limited to, limiting the scope of practice to designated
37.19competencies, imposing retraining or rehabilitation requirements, requiring the licensee to
37.20practice under supervision, or conditioning continued practice on the demonstration of
37.21knowledge or skill by appropriate examination or other review of skill and competence;
37.22(5) censure or reprimand the licensee;
37.23(6) impose a civil penalty not exceeding $10,000 for each separate violation,
37.24the amount of the civil penalty to be fixed so as to deprive the applicant or licensee
37.25of any economic advantage gained by reason of the violation charged, to discourage
37.26similar violations or to reimburse the board for the cost of the investigation and
37.27proceeding, including, but not limited to, fees paid for services provided by the Office of
37.28Administrative Hearings, legal and investigative services provided by the Office of the
37.29Attorney General, court reporters, witnesses, reproduction of records, board members' per
37.30diem compensation, board staff time, and travel costs and expenses incurred by board staff
37.31and board members; or
37.32(7) any other action justified by the case.
37.33 Subd. 3. Evidence. In disciplinary actions alleging violations of subdivision 1,
37.34clause (4), (12), or (14), a copy of the judgment or proceedings under the seal of the court
37.35administrator or of the administrative agency that entered the judgment or proceeding
38.1is admissible into evidence without further authentication and constitutes prima facie
38.2evidence of its contents.
38.3 Subd. 4. Temporary suspension. (a) In addition to any other remedy provided by
38.4law, the board may issue an order to temporarily suspend the credentials of a licensee after
38.5conducting a preliminary inquiry to determine if the board reasonably believes that the
38.6licensee has violated a statute or rule that the board is empowered to enforce and whether
38.7continued practice by the licensee would create an imminent risk of harm to others.
38.8(b) The order may prohibit the licensee from engaging in the practice of alcohol
38.9and drug counseling in whole or in part and may condition the end of a suspension on
38.10the licensee's compliance with a statute, rule, or order that the board has issued or is
38.11empowered to enforce.
38.12(c) The order shall give notice of the right to a hearing according to this subdivision
38.13and shall state the reasons for the entry of the order.
38.14(d) Service of the order is effective when the order is served on the licensee
38.15personally or by certified mail, which is complete upon receipt, refusal, or return for
38.16nondelivery to the most recent address of the licensee provided to the board.
38.17(e) At the time the board issues a temporary suspension order, the board shall
38.18schedule a hearing to be held before its own members. The hearing shall begin no later
38.19than 60 days after issuance of the temporary suspension order or within 15 working
38.20days of the date of the board's receipt of a request for hearing by a licensee, on the sole
38.21issue of whether there is a reasonable basis to continue, modify, or lift the temporary
38.22suspension. The hearing is not subject to chapter 14. Evidence presented by the board
38.23or the licensee shall be in affidavit form only. The licensee or counsel of record may
38.24appear for oral argument.
38.25(f) Within five working days of the hearing, the board shall issue its order and, if the
38.26suspension is continued, schedule a contested case hearing within 30 days of the issuance
38.27of the order. Notwithstanding chapter 14, the administrative law judge shall issue a report
38.28within 30 days after closing the contested case hearing record. The board shall issue a
38.29final order within 30 days of receipt of the administrative law judge's report.
38.30 Subd. 5. Automatic suspension. (a) The right to practice is automatically
38.31suspended when:
38.32(1) a guardian of an alcohol and drug counselor is appointed by order of a district
38.33court under sections 524.5-101 to 524.5-502; or
38.34(2) the counselor is committed by order of a district court under chapter 253B.
39.1(b) The right to practice remains suspended until the counselor is restored to capacity
39.2by a court and, upon petition by the counselor, the suspension is terminated by the board
39.3after a hearing or upon agreement between the board and the counselor.
39.4 Subd. 6. Mental, physical, or chemical health evaluation. (a) If the board has
39.5probable cause to believe that an applicant or licensee is unable to practice alcohol and
39.6drug counseling with reasonable skill and safety due to a mental or physical illness or
39.7condition, the board may direct the individual to submit to a mental, physical, or chemical
39.8dependency examination or evaluation.
39.9(1) For the purposes of this section, every licensee and applicant is deemed to
39.10have consented to submit to a mental, physical, or chemical dependency examination or
39.11evaluation when directed in writing by the board and to have waived all objections to the
39.12admissibility of the examining professionals' testimony or examination reports on the
39.13grounds that the testimony or examination reports constitute a privileged communication.
39.14(2) Failure of a licensee or applicant to submit to an examination when directed by
39.15the board constitutes an admission of the allegations against the person, unless the failure
39.16was due to circumstances beyond the person's control, in which case a default and final
39.17order may be entered without the taking of testimony or presentation of evidence.
39.18(3) A licensee or applicant affected under this subdivision shall at reasonable
39.19intervals be given an opportunity to demonstrate that the licensee or applicant can resume
39.20the competent practice of licensed alcohol and drug counseling with reasonable skill
39.21and safety to the public.
39.22(4) In any proceeding under this subdivision, neither the record of proceedings
39.23nor the orders entered by the board shall be used against the licensee or applicant in
39.24any other proceeding.
39.25(b) In addition to ordering a physical or mental examination, the board may,
39.26notwithstanding section 13.384 or sections 144.291 to 144.298, or any other law limiting
39.27access to medical or other health data, obtain medical data and health records relating to a
39.28licensee or applicant without the licensee's or applicant's consent if the board has probable
39.29cause to believe that subdivision 1, clause (9), applies to the licensee or applicant. The
39.30medical data may be requested from:
39.31(1) a provider, as defined in section 144.291, subdivision 2, paragraph (h);
39.32(2) an insurance company; or
39.33(3) a government agency, including the Department of Human Services.
39.34(c) A provider, insurance company, or government agency must comply with any
39.35written request of the board under this subdivision and is not liable in any action for
39.36damages for releasing the data requested by the board if the data are released pursuant to a
40.1written request under this subdivision, unless the information is false and the provider
40.2giving the information knew, or had reason to believe, the information was false.
40.3(d) Information obtained under this subdivision is private data on individuals as
40.4defined in section 13.02, subdivision 12.
40.5 Sec. 20. [148F.095] ADDITIONAL REMEDIES.
40.6 Subdivision 1. Cease and desist. (a) The board may issue a cease and desist order
40.7to stop a person from violating or threatening to violate a statute, rule, or order which the
40.8board has issued or has authority to enforce. The cease and desist order must state the
40.9reason for its issuance and give notice of the person's right to request a hearing under
40.10sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order
40.11fails to request a hearing in writing, the order is the final order of the board and is not
40.12reviewable by a court or agency.
40.13(b) A hearing must be initiated by the board not later than 30 days from the date
40.14of the board's receipt of a written hearing request. Within 30 days of receipt of the
40.15administrative law judge's report, and any written agreement or exceptions filed by the
40.16parties, the board shall issue a final order modifying, vacating, or making permanent the
40.17cease and desist order as the facts require. The final order remains in effect until modified
40.18or vacated by the board.
40.19(c) When a request for a stay accompanies a timely hearing request, the board may,
40.20in the board's discretion, grant the stay. If the board does not grant a requested stay, the
40.21board shall refer the request to the Office of Administrative Hearings within three working
40.22days of receipt of the request. Within ten days after receiving the request from the board,
40.23an administrative law judge shall issue a recommendation to grant or deny the stay. The
40.24board shall grant or deny the stay within five working days of receiving the administrative
40.25law judge's recommendation.
40.26(d) In the event of noncompliance with a cease and desist order, the board may
40.27institute a proceeding in district court to obtain injunctive relief or other appropriate
40.28relief, including a civil penalty payable to the board, not to exceed $10,000 for each
40.29separate violation.
40.30 Subd. 2. Injunctive relief. In addition to any other remedy provided by law,
40.31including the issuance of a cease and desist order under subdivision 1, the board may in
40.32the board's own name bring an action in district court for injunctive relief to restrain an
40.33alcohol and drug counselor from a violation or threatened violation of any statute, rule, or
40.34order which the board has authority to administer, enforce, or issue.
41.1 Subd. 3. Additional powers. The issuance of a cease and desist order or injunctive
41.2relief granted under this section does not relieve a counselor from criminal prosecution by
41.3a competent authority or from disciplinary action by the board.
41.4 Sec. 21. [148F.100] COOPERATION.
41.5An alcohol and drug counselor who is the subject of an investigation, or who
41.6is questioned in connection with an investigation, by or on behalf of the board, shall
41.7cooperate fully with the investigation. Cooperation includes responding fully to any
41.8question raised by or on behalf of the board relating to the subject of the investigation,
41.9whether tape recorded or not. Challenges to requests of the board may be brought before
41.10the appropriate agency or court.
41.11 Sec. 22. [148F.105] PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
41.12 Subdivision 1. Practice. No person shall engage in alcohol and drug counseling
41.13without first being licensed under this chapter as an alcohol and drug counselor. For
41.14purposes of this chapter, an individual engages in the practice of alcohol and drug
41.15counseling if the individual performs or offers to perform alcohol and drug counseling
41.16services as defined in section 148F.010, subdivision 18, or if the individual is held out as
41.17able to perform those services.
41.18 Subd. 2. Use of titles. (a) No individual shall present themselves or any other
41.19individual to the public by any title incorporating the words "licensed alcohol and drug
41.20counselor," "alcohol and drug counselor," or otherwise hold themselves out to the public
41.21by any title or description stating or implying that they are licensed or otherwise qualified
41.22to practice alcohol and drug counseling, unless that individual holds a valid license.
41.23(b) An individual issued a temporary permit must use titles consistent with section
41.24148F.035, subdivisions 1 and 2, paragraph (c), clause (3).
41.25(c) An individual who is participating in an alcohol and drug counseling practicum
41.26for purposes of licensure by the board may be designated an "alcohol and drug counselor
41.27intern."
41.28(d) Individuals who are trained in alcohol and drug counseling and employed by an
41.29educational institution recognized by a regional accrediting organization, by a federal,
41.30state, county, or local government institution, by agencies, or research facilities, may
41.31represent themselves by the titles designated by that organization provided the title does
41.32not indicate the individual is licensed by the board.
41.33 Subd. 3. Penalty. A person who violates sections 148F.001 to 148F.205 is guilty
41.34of a misdemeanor.
42.1 Sec. 23. [148F.110] EXCEPTIONS TO LICENSE REQUIREMENT.
42.2 Subdivision 1. Other professionals. (a) Nothing in this chapter prevents members
42.3of other professions or occupations from performing functions for which they are qualified
42.4or licensed. This exception includes, but is not limited to: licensed physicians; registered
42.5nurses; licensed practical nurses; licensed psychologists and licensed psychological
42.6practitioners; members of the clergy provided such services are provided within the scope
42.7of regular ministries; American Indian medicine men and women; licensed attorneys;
42.8probation officers; licensed marriage and family therapists; licensed social workers; social
42.9workers employed by city, county, or state agencies; licensed professional counselors;
42.10licensed professional clinical counselors; licensed school counselors; registered
42.11occupational therapists or occupational therapy assistants; Upper Midwest Indian Council
42.12on Addictive Disorders (UMICAD) certified counselors when providing services to
42.13Native American people; city, county, or state employees when providing assessments
42.14or case management under Minnesota Rules, chapter 9530; and individuals defined in
42.15section 256B.0623, subdivision 5, clauses (1) and (2), providing integrated dual-diagnosis
42.16treatment in adult mental health rehabilitative programs certified by the Department of
42.17Human Services under section 256B.0622 or 256B.0623.
42.18(b) Nothing in this chapter prohibits technicians and resident managers in programs
42.19licensed by the Department of Human Services from discharging their duties as provided
42.20in Minnesota Rules, chapter 9530.
42.21(c) Any person who is exempt from licensure under this section must not use a
42.22title incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug
42.23counselor" or otherwise hold themselves out to the public by any title or description
42.24stating or implying that they are engaged in the practice of alcohol and drug counseling, or
42.25that they are licensed to engage in the practice of alcohol and drug counseling, unless that
42.26person is also licensed as an alcohol and drug counselor. Persons engaged in the practice
42.27of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the
42.28use of one of the titles in paragraph (a).
42.29 Subd. 2. Students. Nothing in sections 148F.001 to 148F.110 shall prevent students
42.30enrolled in an accredited school of alcohol and drug counseling from engaging in the
42.31practice of alcohol and drug counseling while under qualified supervision in an accredited
42.32school of alcohol and drug counseling.
42.33 Subd. 3. Federally recognized tribes. Alcohol and drug counselors practicing
42.34alcohol and drug counseling according to standards established by federally recognized
42.35tribes, while practicing under tribal jurisdiction, are exempt from the requirements of this
42.36chapter. In practicing alcohol and drug counseling under tribal jurisdiction, individuals
43.1practicing under that authority shall be afforded the same rights, responsibilities, and
43.2recognition as persons licensed under this chapter.
43.3 Sec. 24. [148F.115] FEES.
43.4 Subdivision 1. Application fee. The application fee is $295.
43.5 Subd. 2. Biennial renewal fee. The license renewal fee is $295. If the board
43.6establishes a renewal schedule, and the scheduled renewal date is less than two years,
43.7the fee may be prorated.
43.8 Subd. 3. Temporary permit fee. Temporary permit fees are as follows:
43.9(1) initial application fee is $100; and
43.10(2) annual renewal fee is $150. If the initial term is less or more than one year,
43.11the fee may be prorated.
43.12 Subd. 4. Inactive license renewal fee. The inactive license renewal fee is $150.
43.13 Subd. 5. Late fees. Late fees are as follows:
43.14(1) biennial renewal late fee is $74;
43.15(2) inactive license renewal late fee is $37; and
43.16(3) annual temporary permit late fee is $37.
43.17 Subd. 6. Fee to renew after expiration of license. The fee for renewal of a license
43.18that has been expired for less than two years is the total of the biennial renewal fee in
43.19effect at the time of late renewal and the late fee.
43.20 Subd. 7. Fee for license verification. The fee for license verification is $25.
43.21 Subd. 8. Surcharge fee. Notwithstanding section 16A.1285, subdivision 2, a
43.22surcharge of $99 shall be paid at the time of initial application for or renewal of an alcohol
43.23and drug counselor license until June 30, 2013.
43.24 Subd. 9. Sponsor application fee. The fee for a sponsor application for approval
43.25of a continuing education course is $60.
43.26 Subd. 10. Order or stipulation fee. The fee for a copy of a board order or
43.27stipulation is $10.
43.28 Subd. 11. Duplicate certificate fee. The fee for a duplicate certificate is $25.
43.29 Subd. 12. Supervisor application processing fee. The fee for licensure supervisor
43.30application processing is $30.
43.31 Subd. 13. Nonrefundable fees. All fees in this section are nonrefundable.
43.32 Sec. 25. [148F.120] CONDUCT.
44.1 Subdivision 1. Scope. Sections 148F.120 to 148F.205 apply to the conduct of all
44.2alcohol and drug counselors, licensees, and applicants, including conduct during the
44.3period of education, training, and employment that is required for licensure.
44.4 Subd. 2. Purpose. Sections 148F.120 to 148F.205 constitute the standards by which
44.5the professional conduct of alcohol and drug counselors is measured.
44.6 Subd. 3. Violations. A violation of sections 148F.120 to 148F.205 is unprofessional
44.7conduct and constitutes grounds for disciplinary action, corrective action, or denial of
44.8licensure.
44.9 Subd. 4. Conflict with organizational demands. If the organizational policies at
44.10the provider's work setting conflict with any provision in sections 148F.120 to 148F.205,
44.11the provider shall discuss the nature of the conflict with the employer, make known the
44.12requirement to comply with these sections of law, and attempt to resolve the conflict
44.13in a manner that does not violate the law.
44.14 Sec. 26. [148F.125] COMPETENT PROVISION OF SERVICES.
44.15 Subdivision 1. Limits on practice. Alcohol and drug counselors shall limit their
44.16practice to the client populations and services for which they have competence or for
44.17which they are developing competence.
44.18 Subd. 2. Developing competence. When an alcohol and drug counselor is
44.19developing competence in a service, method, procedure, or to treat a specific client
44.20population, the alcohol and drug counselor shall obtain professional education, training,
44.21continuing education, consultation, supervision, or experience, or a combination thereof,
44.22necessary to demonstrate competence.
44.23 Subd. 3. Experimental, emerging, or innovative services. Alcohol and drug
44.24counselors may offer experimental services, methods, or procedures competently and
44.25in a manner that protects clients from harm. However, when doing so, they have a
44.26heightened responsibility to understand and communicate the potential risks to clients, to
44.27use reasonable skill and safety, and to undertake appropriate preparation as required in
44.28subdivision 2.
44.29 Subd. 4. Limitations. Alcohol and drug counselors shall recognize the limitations
44.30to the scope of practice of alcohol and drug counseling. When the needs of clients appear
44.31to be outside their scope of practice, providers shall inform the clients that there may be
44.32other professional, technical, community, and administrative resources available to them.
44.33Providers shall assist with identifying resources when it is in the best interests of clients to
44.34be provided with alternative or complementary services.
45.1 Subd. 5. Burden of proof. Whenever a complaint is submitted to the board
45.2involving a violation of this section, the burden of proof is on the provider to demonstrate
45.3that the elements of competence have reasonably been met.
45.4 Sec. 27. [148F.130] PROTECTING CLIENT PRIVACY.
45.5 Subdivision 1. Protecting private information. The provider shall safeguard
45.6private information obtained in the course of the practice of alcohol and drug counseling.
45.7Private information may be disclosed to others only according to section 148F.135, or
45.8with certain exceptions as specified in subdivisions 2 to 13.
45.9 Subd. 2. Duty to warn; limitation on liability. Private information may be
45.10disclosed without the consent of the client when a duty to warn arises, or as otherwise
45.11provided by law or court order. The duty to warn of, or take reasonable precautions to
45.12provide protection from, violent behavior arises only when a client or other person has
45.13communicated to the provider a specific, serious threat of physical violence to self or a
45.14specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty
45.15is discharged by the provider if reasonable efforts are made to communicate the threat to
45.16law enforcement agencies, the potential victim, the family of the client, or appropriate
45.17third parties who are in a position to prevent or avert the harm. No monetary liability
45.18and no cause of action or disciplinary action by the board may arise against a provider
45.19for disclosure of confidences to third parties, for failure to disclose confidences to third
45.20parties, or for erroneous disclosure of confidences to third parties in a good faith effort to
45.21warn against or take precautions against a client's violent behavior or threat of suicide.
45.22 Subd. 3. Services to group clients. Whenever alcohol and drug counseling
45.23services are provided to group clients, the provider shall initially inform each client of the
45.24provider's responsibility and each client's individual responsibility to treat any information
45.25gained in the course of rendering the services as private information, including any
45.26limitations to each client's right to privacy.
45.27 Subd. 4. Obtaining collateral information. Prior to obtaining collateral
45.28information about a client from other individuals, the provider shall obtain consent from
45.29the client unless the consent is not required by law or court order, and shall inform the
45.30other individuals that the information obtained may become part of the client's records and
45.31may therefore be accessed or released by the client, unless prohibited by law. For purposes
45.32of this subdivision, "other individual" means any individual, except for credentialed health
45.33care providers acting in their professional capacities, who participates adjunctively in
45.34the provision of services to a client. Examples of other individuals include, but are not
46.1limited to, family members, friends, coworkers, day care workers, guardians ad litem,
46.2foster parents, or school personnel.
46.3 Subd. 5. Minor clients. At the beginning of a professional relationship, the provider
46.4shall inform a minor client that the law imposes limitations on the right of privacy of the
46.5minor with respect to the minor's communications with the provider. This requirement is
46.6waived when the minor cannot reasonably be expected to understand the privacy statement.
46.7 Subd. 6. Limited access to client records. The provider shall limit access to client
46.8records. The provider shall make reasonable efforts to inform individuals associated
46.9with the provider's agency or facility, such as staff members, students, volunteers, or
46.10community aides, that access to client records, regardless of their format, is limited only to
46.11the provider with whom the client has a professional relationship, an individual associated
46.12with the agency or facility whose duties require access, or individuals authorized to have
46.13access by the written informed consent of the client.
46.14 Subd. 7. Billing statements for services. The provider shall comply with the
46.15privacy wishes of clients regarding to whom and where statements for services are to be
46.16sent.
46.17 Subd. 8. Case reports. The identification of the client shall be reasonably disguised
46.18in case reports or other clinical materials used in teaching, presentations, professional
46.19meetings, or publications.
46.20 Subd. 9. Observation and recording. Diagnostic interviews or therapeutic sessions
46.21with a client may be observed or electronically recorded only with the client's written
46.22informed consent.
46.23 Subd. 10. Continued protection of client information. The provider shall maintain
46.24the privacy of client data indefinitely after the professional relationship has ended.
46.25 Subd. 11. Court-ordered or other mandated disclosures. The proper disclosure
46.26of private client data upon a court order or to conform with state or federal law shall not be
46.27considered a violation of sections 148F.120 to 148F.205.
46.28 Subd. 12. Abuse or neglect of minors or vulnerable adults. An applicant or
46.29licensee must comply with the reporting of maltreatment of minors established in section
46.30626.556 and the reporting of maltreatment of vulnerable adults established in section
46.31626.557.
46.32 Subd. 13. Initial contacts. When an individual initially contacts a provider
46.33regarding alcohol and drug counseling services, the provider or another individual
46.34designated by the provider may, with oral consent from the potential client, contact third
46.35parties to determine payment or benefits information, arrange for precertification of
47.1services when required by the individual's health plan, or acknowledge a referral from
47.2another health care professional.
47.3 Sec. 28. [148F.135] PRIVATE INFORMATION; ACCESS AND RELEASE.
47.4 Subdivision 1. Client right to access and release private information. A client has
47.5the right to access and release private information maintained by the provider, including
47.6client records as provided in sections 144.291 to 144.298, relating to the provider's
47.7counseling services to that client, except as otherwise provided by law or court order.
47.8 Subd. 2. Release of private information. (a) When a client makes a request for
47.9the provider to release the client's private information, the request must be in writing
47.10and signed by the client. Informed consent is not required. When the request involves
47.11client records, all pertinent information shall be released in compliance with sections
47.12144.291 to 144.298.
47.13(b) If the provider initiates the request to release the client's private information,
47.14written authorization for the release of information must be obtained from the client
47.15and must include, at a minimum:
47.16(1) the name of the client;
47.17(2) the name of the individual or entity providing the information;
47.18(3) the name of the individual or entity to which the release is made;
47.19(4) the types of information to be released, such as progress notes, diagnoses,
47.20assessment data, or other specific information;
47.21(5) the purpose of the release, such as whether the release is to coordinate
47.22professional care with another provider, to obtain insurance payment for services, or for
47.23other specified purposes;
47.24(6) the time period covered by the consent;
47.25(7) a statement that the consent is valid for one year, except as otherwise allowed by
47.26statute, or for a lesser period that is specified in the consent;
47.27(8) a declaration that the individual signing the statement has been told of and
47.28understands the nature and purpose of the authorized release;
47.29(9) a statement that the consent may be rescinded, except to the extent that the
47.30consent has already been acted upon or that the right to rescind consent has been waived
47.31separately in writing;
47.32(10) the signature of the client or the client's legally authorized representative, whose
47.33relationship to the client must be stated; and
47.34(11) the date on which the consent is signed.
48.1 Subd. 3. Group client records. Whenever counseling services are provided to
48.2group clients, each client has the right to access or release only that information in the
48.3records that the client has provided directly or has authorized other sources to provide,
48.4unless otherwise directed by law or court order. Upon a request by one client to access or
48.5release group client records, that information in the records that has not been provided
48.6directly or by authorization of the requesting client must be redacted unless written
48.7authorization to disclose this information has been obtained from the other clients.
48.8 Subd. 4. Board investigation. The board shall be allowed access to any records of
48.9a client provided services by an applicant or licensee who is under investigation. If the
48.10client has not signed a consent permitting access to the client's records, the applicant or
48.11licensee must delete any data that identifies the client before providing them to the board.
48.12The board shall maintain any records as investigative data pursuant to chapter 13.
48.13 Sec. 29. [148F.140] INFORMED CONSENT.
48.14 Subdivision 1. Obtaining informed consent for services. The provider shall obtain
48.15informed consent from the client before initiating services. The informed consent must be
48.16in writing, signed by the client, and include the following, at a minimum:
48.17(1) authorization for the provider to engage in an activity which directly affects
48.18the client;
48.19(2) the goals, purposes, and procedures of the proposed services;
48.20(3) the factors that may impact the duration of the service;
48.21(4) the applicable fee schedule;
48.22(5) the limits to the client's privacy, including but not limited to the provider's duty
48.23to warn pursuant to section 148F.130, subdivision 2;
48.24(6) the provider's responsibilities if the client terminates the service;
48.25(7) the significant risks and benefits of the service, including whether the service
48.26may affect the client's legal or other interests;
48.27(8) the provider's responsibilities under section 148F.125, subdivision 3, if the
48.28proposed service, method, or procedure is of an experimental, emerging, or innovative
48.29nature; and
48.30(9) if applicable, information that the provider is developing competence in the
48.31proposed service, method, or procedure, and alternatives to the proposed service, if any.
48.32 Subd. 2. Updating informed consent. If there is a substantial change in the nature
48.33or purpose of a service, the provider must obtain a new informed consent from the client.
49.1 Subd. 3. Emergency or crisis services. Informed consent is not required when
49.2a provider is providing emergency or crisis services. If services continue after the
49.3emergency or crisis has abated, informed consent must be obtained.
49.4 Sec. 30. [148F.145] TERMINATION OF SERVICES.
49.5 Subdivision 1. Right to terminate services. Either the client or the provider may
49.6terminate the professional relationship unless prohibited by law or court order.
49.7 Subd. 2. Mandatory termination of services. The provider shall promptly
49.8terminate services to a client whenever:
49.9(1) the provider's objectivity or effectiveness is impaired, unless a resolution can be
49.10achieved as permitted in section 148F.155, subdivision 2; or
49.11(2) the client would be harmed by further services.
49.12 Subd. 3. Notification of termination. When the provider initiates a termination
49.13of professional services, the provider shall inform the client either orally or in writing.
49.14This requirement shall not apply when the termination is due to the successful completion
49.15of a predefined service such as an assessment, or if the client terminates the professional
49.16relationship.
49.17 Subd. 4. Recommendation upon termination. (a) Upon termination of counseling
49.18services, the provider shall make a recommendation for alcohol and drug counseling
49.19services if requested by the client or if the provider believes the services are needed by
49.20the client.
49.21(b) A recommendation for alcohol and drug counseling services is not required if
49.22the professional service provided is limited to an alcohol and drug assessment and a
49.23recommendation for continued services is not requested.
49.24 Subd. 5. Absence from practice. Nothing in this section requires the provider to
49.25terminate a client due to an absence from practice that is the result of a period of illness
49.26or injury that does not affect the provider's ability to practice with reasonable skill and
49.27safety, as long as arrangements have been made for temporary counseling services that
49.28may be needed by the client during the provider's absence.
49.29 Sec. 31. [148F.150] RECORD KEEPING.
49.30 Subdivision 1. Record-keeping requirements. Providers must maintain accurate
49.31and legible client records. Records must include, at a minimum:
49.32(1) an accurate chronological listing of all substantive contacts with the client;
49.33(2) documentation of services, including:
49.34(i) assessment methods, data, and reports;
50.1(ii) an initial treatment plan and any revisions to the plan;
50.2(iii) the name of the individual providing services;
50.3(iv) the name and credentials of the individual who is professionally responsible
50.4for the services provided;
50.5(v) case notes for each date of service, including interventions;
50.6(vi) consultations with collateral sources;
50.7(vii) diagnoses or presenting problems; and
50.8(viii) documentation that informed consent was obtained, including written informed
50.9consent documents;
50.10(3) copies of all correspondence relevant to the client;
50.11(4) a client personal data sheet;
50.12(5) copies of all client authorizations for release of information;
50.13(6) an accurate chronological listing of all fees charged, if any, to the client or
50.14a third party payer; and
50.15(7) any other documents pertaining to the client.
50.16 Subd. 2. Duplicate records. If the client records containing the documentation
50.17required by subdivision 1 are maintained by the agency, clinic, or other facility where the
50.18provider renders services, the provider is not required to maintain duplicate records of
50.19client information.
50.20 Subd. 3. Record retention. The provider shall retain a client's record for a minimum
50.21of seven years after the date of the provider's last professional service to the client, except
50.22as otherwise provided by law. If the client is a minor, the record retention period does not
50.23begin until the client reaches the age of 18, except as otherwise provided by law.
50.24 Sec. 32. [148F.155] IMPAIRED OBJECTIVITY OR EFFECTIVENESS.
50.25 Subdivision 1. Situations involving impaired objectivity or effectiveness. (a) An
50.26alcohol and drug counselor must not provide alcohol and drug counseling services to a
50.27client or potential client when the counselor's objectivity or effectiveness is impaired.
50.28(b) The provider shall not provide alcohol and drug counseling services to a client
50.29if doing so would create a multiple relationship. For purposes of this section, "multiple
50.30relationship" means one that is both professional and:
50.31(1) cohabitational;
50.32(2) familial;
50.33(3) one in which there has been personal involvement with the client or family
50.34member of the client that is reasonably likely to adversely affect the client's welfare or
50.35ability to benefit from services; or
51.1(4) one in which there is significant financial involvement other than legitimate
51.2payment for professional services rendered that is reasonably likely to adversely affect the
51.3client's welfare or ability to benefit from services.
51.4If an unforeseen multiple relationship arises after services have been initiated, the
51.5provider shall promptly terminate the professional relationship.
51.6(c) The provider shall not provide alcohol and drug counseling services to a client
51.7who is also the provider's student or supervisee. If an unforeseen situation arises in which
51.8both types of services are required or requested by the client or a third party, the provider
51.9shall decline to provide the services.
51.10(d) The provider shall not provide alcohol and drug counseling services to a client
51.11when the provider is biased for or against the client for any reason that interferes with the
51.12provider's impartial judgment, including where the client is a member of a class legally
51.13protected from discrimination. The provider may provide services if the provider is
51.14working to resolve the impairment in the manner required under subdivision 2.
51.15(e) The provider shall not provide alcohol and drug counseling services to a client
51.16when there is a fundamental divergence or conflict of service goals, interests, values,
51.17or attitudes between the client and the provider that adversely affects the professional
51.18relationship. The provider may provide services if the provider is working to resolve the
51.19impairment in the manner required under subdivision 2.
51.20 Subd. 2. Resolution of impaired objectivity or effectiveness. (a) When an
51.21impairment occurs that is listed in subdivision 1, paragraph (d) or (e), the provider may
51.22provide services only if the provider actively pursues resolution of the impairment and is
51.23able to do so in a manner that results in minimal adverse effects on the client or potential
51.24client.
51.25(b) If the provider attempts to resolve the impairment, it must be by means of
51.26professional education, training, continuing education, consultation, psychotherapy,
51.27intervention, supervision, or discussion with the client or potential client, or an appropriate
51.28combination thereof.
51.29 Sec. 33. [148F.160] PROVIDER IMPAIRMENT.
51.30The provider shall not provide counseling services to clients when the provider is
51.31unable to provide services with reasonable skill and safety as a result of a physical or
51.32mental illness or condition, including, but not limited to, substance abuse or dependence.
51.33During the period the provider is unable to practice with reasonable skill and safety, the
51.34provider shall either promptly terminate the professional relationship with all clients or
52.1shall make arrangements for other alcohol and drug counselors to provide temporary
52.2services during the provider's absence.
52.3 Sec. 34. [148F.165] CLIENT WELFARE.
52.4 Subdivision 1. Explanation of procedures. A client has the right to have, and a
52.5counselor has the responsibility to provide, a nontechnical explanation of the nature and
52.6purpose of the counseling procedures to be used and the results of tests administered to the
52.7client. The counselor shall establish procedures to be followed if the explanation is to be
52.8provided by another individual under the direction of the counselor.
52.9 Subd. 2. Client bill of rights. The client bill of rights required by section 144.652
52.10shall be prominently displayed on the premises of the professional practice or provided
52.11as a handout to each client. The document must state that consumers of alcohol and
52.12drug counseling services have the right to:
52.13(1) expect that the provider meets the minimum qualifications of training and
52.14experience required by state law;
52.15(2) examine public records maintained by the Board of Behavioral Health and
52.16Therapy that contain the credentials of the provider;
52.17(3) report complaints to the Board of Behavioral Health and Therapy;
52.18(4) be informed of the cost of professional services before receiving the services;
52.19(5) privacy as defined and limited by law and rule;
52.20(6) be free from being the object of unlawful discrimination while receiving
52.21counseling services;
52.22(7) have access to their records as provided in sections 144.92 and 148F.135,
52.23subdivision 1, except as otherwise provided by law;
52.24(8) be free from exploitation for the benefit or advantage of the provider;
52.25(9) terminate services at any time, except as otherwise provided by law or court
52.26order;
52.27(10) know the intended recipients of assessment results;
52.28(11) withdraw consent to release assessment results, unless the right is prohibited by
52.29law or court order or was waived by prior written agreement;
52.30(12) a nontechnical description of assessment procedures; and
52.31(13) a nontechnical explanation and interpretation of assessment results, unless this
52.32right is prohibited by law or court order or was waived by prior written agreement.
52.33 Subd. 3. Stereotyping. The provider shall treat the client as an individual and
52.34not impose on the client any stereotypes of behavior, values, or roles related to human
52.35diversity.
53.1 Subd. 4. Misuse of client relationship. The provider shall not misuse the
53.2relationship with a client due to a relationship with another individual or entity.
53.3 Subd. 5. Exploitation of client. The provider shall not exploit the professional
53.4relationship with a client for the provider's emotional, financial, sexual, or personal
53.5advantage or benefit. This prohibition extends to former clients who are vulnerable or
53.6dependent on the provider.
53.7 Subd. 6. Sexual behavior with client. A provider shall not engage in any sexual
53.8behavior with a client including:
53.9(1) sexual contact, as defined in section 604.20, subdivision 7; or
53.10(2) any physical, verbal, written, interactive, or electronic communication, conduct,
53.11or act that may be reasonably interpreted to be sexually seductive, demeaning, or
53.12harassing to the client.
53.13 Subd. 7. Sexual behavior with a former client. A provider shall not engage in any
53.14sexual behavior as described in subdivision 6 within the two-year period following the
53.15date of the last counseling service to a former client. This prohibition applies whether or
53.16not the provider has formally terminated the professional relationship. This prohibition
53.17extends indefinitely for a former client who is vulnerable or dependent on the provider.
53.18 Subd. 8. Preferences and options for treatment. A provider shall disclose to the
53.19client the provider's preferences for choice of treatment or outcome and shall present other
53.20options for the consideration or choice of the client.
53.21 Subd. 9. Referrals. A provider shall make a prompt and appropriate referral of the
53.22client to another professional when requested to make a referral by the client.
53.23 Sec. 35. [148F.170] WELFARE OF STUDENTS, SUPERVISEES, AND
53.24RESEARCH SUBJECTS.
53.25 Subdivision 1. General. Due to the evaluative, supervisory, or other authority that
53.26providers who teach, evaluate, supervise, or conduct research have over their students,
53.27supervisees, or research subjects, they shall protect the welfare of these individuals.
53.28 Subd. 2. Student, supervisee, and research subject protections. To protect the
53.29welfare of their students, supervisees, or research subjects, providers shall not:
53.30(1) discriminate on the basis of race, ethnicity, national origin, religious affiliation,
53.31language, age, gender, physical disabilities, mental capabilities, sexual orientation or
53.32identity, marital status, or socioeconomic status;
53.33(2) exploit or misuse the professional relationship for the emotional, financial,
53.34sexual, or personal advantage or benefit of the provider or another individual or entity;
54.1(3) engage in any sexual behavior with a current student, supervisee, or research
54.2subject, including sexual contact, as defined in section 604.20, subdivision 7, or any
54.3physical, verbal, written, interactive, or electronic communication, conduct, or act that
54.4may be reasonably interpreted to be sexually seductive, demeaning, or harassing. Nothing
54.5in this part shall prohibit a provider from engaging in teaching or research with an
54.6individual with whom the provider has a preexisting and ongoing sexual relationship;
54.7(4) engage in any behavior likely to be deceptive or fraudulent;
54.8(5) disclose evaluative information except for legitimate professional or scientific
54.9purposes; or
54.10(6) engage in any other unprofessional conduct.
54.11 Sec. 36. [148F.175] MEDICAL AND OTHER HEALTH CARE
54.12CONSIDERATIONS.
54.13 Subdivision 1. Coordinating services with other health care professionals.
54.14Upon initiating services, the provider shall inquire whether the client has a preexisting
54.15relationship with another health care professional. If the client has such a relationship,
54.16and it is relevant to the provider's services to the client, the provider shall, to the extent
54.17possible and consistent with the wishes and best interests of the client, coordinate services
54.18for the client with the other health care professional. This requirement does not apply if
54.19brief crisis intervention services are provided.
54.20 Subd. 2. Reviewing health care information. If the provider determines that a
54.21client's preexisting relationship with another health care professional is relevant to the
54.22provider's services to the client, the provider shall, to the extent possible and consistent
54.23with the wishes and best interests of the client, review this information with the treating
54.24health care professional.
54.25 Subd. 3. Relevant medical conditions. If the provider believes that a client's
54.26psychological condition may have medical etiology or consequence, the provider shall,
54.27within the limits of the provider's competence, discuss this with the client and offer to
54.28assist in identifying medical resources for the client.
54.29 Sec. 37. [148F.180] ASSESSMENTS; TESTS; REPORTS.
54.30 Subdivision 1. Assessments. Providers who conduct assessments of individuals
54.31shall base their assessments on records, information, observations, and techniques
54.32sufficient to substantiate their findings. They shall render opinions only after they
54.33have conducted an examination of the individual adequate to support their statements
54.34or conclusions, unless an examination is not practical despite reasonable efforts. An
55.1assessment may be limited to reviewing records or providing testing services when an
55.2individual examination is not necessary for the opinion requested.
55.3 Subd. 2. Tests. Providers may administer and interpret tests within the scope of the
55.4counselor's training, skill, and competence.
55.5 Subd. 3. Reports. Written and oral reports, including testimony as an expert
55.6witness and letters to third parties concerning a client, must be based on information and
55.7techniques sufficient to substantiate their findings. Reports must include:
55.8(1) a description of all assessments, evaluations, or other procedures, including
55.9materials reviewed, which serve as a basis for the provider's conclusions;
55.10(2) reservations or qualifications concerning the validity or reliability of the opinions
55.11and conclusions formulated and recommendations made;
55.12(3) a statement concerning any discrepancy, disagreement, or inconsistent or
55.13conflicting information regarding the circumstances of the case that may have a bearing on
55.14the provider's conclusions;
55.15(4) a statement of the nature of and reason for the use of a test that is administered,
55.16recorded, scored, or interpreted in other than a standard and objective manner; and
55.17(5) a statement indicating when test interpretations or report conclusions are not
55.18based on direct contact between the client and the provider.
55.19 Subd. 4. Private information. Test results and interpretations regarding an
55.20individual are private information.
55.21 Sec. 38. [148F.185] PUBLIC STATEMENTS.
55.22 Subdivision 1. Prohibition against false or misleading information. Public
55.23statements by providers must not include false or misleading information. Providers shall
55.24not solicit or use testimonials by quotation or implication from current clients or former
55.25clients who are vulnerable to undue influence. The provider shall make reasonable efforts
55.26to ensure that public statements by others on behalf of the provider are truthful and shall
55.27make reasonable remedial efforts to bring a public statement into compliance with sections
55.28148F.120 to 148F.205 when the provider becomes aware of a violation.
55.29 Subd. 2. Misrepresentation. The provider shall not misrepresent directly or
55.30by implication professional qualifications including education, training, experience,
55.31competence, credentials, or areas of specialization. The provider shall not misrepresent,
55.32directly or by implication, professional affiliations or the purposes and characteristics of
55.33institutions and organizations with which the provider is professionally associated.
55.34 Subd. 3. Use of specialty board designation. Providers may represent themselves
55.35as having an area of specialization from a specialty board, such as a designation as a
56.1diplomate or fellow, if the specialty board used, at a minimum, the following criteria to
56.2award such a designation:
56.3(1) specified educational requirements defined by the specialty board;
56.4(2) specified experience requirements defined by the specialty board;
56.5(3) a work product evaluated by other specialty board members; and
56.6(4) a face-to-face examination by a committee of specialty board members or a
56.7comprehensive written examination in the area of specialization.
56.8 Sec. 39. [148F.190] FEES; STATEMENTS.
56.9 Subdivision 1. Disclosure. The provider shall disclose the fees for professional
56.10services to a client before providing services.
56.11 Subd. 2. Itemized statement. The provider shall itemize fees for all services for
56.12which the client or a third party is billed and make the itemized statement available to
56.13the client. The statement shall identify the date the service was provided, the nature of
56.14the service, the name of the individual who provided the service, and the name of the
56.15individual who is professionally responsible for the service.
56.16 Subd. 3. Representation of billed services. The provider shall not directly or by
56.17implication misrepresent to the client or to a third party billed for services the nature or the
56.18extent of the services provided.
56.19 Subd. 4. Claiming fees. The provider shall not claim a fee for counseling services
56.20unless the provider is either the direct provider of the services or is clinically responsible
56.21for providing the services and under whose supervision the services were provided.
56.22 Subd. 5. Referrals. No commission, rebate, or other form of remuneration may be
56.23given or received by a provider for the referral of clients for counseling services.
56.24 Sec. 40. [148F.195] AIDING AND ABETTING UNLICENSED PRACTICE.
56.25A provider shall not aid or abet an unlicensed individual to engage in the practice of
56.26alcohol and drug counseling. A provider who supervises a student as part of an alcohol
56.27and drug counseling practicum is not in violation of this section. Properly qualified
56.28individuals who administer and score testing instruments under the direction of a provider
56.29who maintains responsibility for the service are not considered in violation of this section.
56.30 Sec. 41. [148F.200] VIOLATION OF LAW.
56.31A provider shall not violate any law in which the facts giving rise to the violation
56.32involve the practice of alcohol and drug counseling as defined in sections 148F.001 to
56.33148F.205. In any board proceeding alleging a violation of this section, the proof of a
57.1conviction of a crime constitutes proof of the underlying factual elements necessary to
57.2that conviction.
57.3 Sec. 42. [148F.205] COMPLAINTS TO BOARD.
57.4 Subdivision 1. Mandatory reporting requirements. A provider is required to file a
57.5complaint when the provider knows or has reason to believe that another provider:
57.6(1) is unable to practice with reasonable skill and safety as a result of a physical or
57.7mental illness or condition, including, but not limited to, substance abuse or dependence,
57.8except that this mandated reporting requirement is deemed fulfilled by a report made
57.9to the Health Professionals Services Program (HPSP) as provided by section 214.33,
57.10subdivision 1;
57.11(2) is engaging in or has engaged in sexual behavior with a client or former client in
57.12violation of section 148F.165, subdivision 6 or 7;
57.13(3) has failed to report abuse or neglect of children or vulnerable adults in violation
57.14of section 626.556 or 626.557; or
57.15(4) has employed fraud or deception in obtaining or renewing an alcohol and drug
57.16counseling license.
57.17 Subd. 2. Optional reporting requirements. Other than conduct listed in
57.18subdivision 1, a provider who has reason to believe that the conduct of another provider
57.19appears to be in violation of sections 148F.001 to 148F.205 may file a complaint with
57.20the board.
57.21 Subd. 3. Institutions. A state agency, political subdivision, agency of a local unit
57.22of government, private agency, hospital, clinic, prepaid medical plan, or other health
57.23care institution or organization located in this state shall report to the board any action
57.24taken by the agency, institution, or organization or any of its administrators or medical
57.25or other committees to revoke, suspend, restrict, or condition an alcohol and drug
57.26counselor's privilege to practice or treat patients or clients in the institution, or as part of
57.27the organization, any denial of privileges, or any other disciplinary action for conduct that
57.28might constitute grounds for disciplinary action by the board under sections 148F.001
57.29to 148F.205. The institution, organization, or governmental entity shall also report the
57.30resignation of any alcohol and drug counselors before the conclusion of any disciplinary
57.31action proceeding for conduct that might constitute grounds for disciplinary action under
57.32this chapter, or before the commencement of formal charges but after the practitioner had
57.33knowledge that formal charges were contemplated or were being prepared.
57.34 Subd. 4. Professional societies. A state or local professional society for alcohol and
57.35drug counselors shall report to the board any termination, revocation, or suspension of
58.1membership or any other disciplinary action taken against an alcohol and drug counselor.
58.2If the society has received a complaint that might be grounds for discipline under this
58.3chapter against a member on which it has not taken any disciplinary action, the society
58.4shall report the complaint and the reason why it has not taken action on it or shall direct
58.5the complainant to the board.
58.6 Subd. 5. Insurers. Each insurer authorized to sell insurance described in section
58.760A.06, subdivision 1, clause (13), and providing professional liability insurance to
58.8alcohol and drug counselors or the Medical Joint Underwriting Association under chapter
58.962F, shall submit to the board quarterly reports concerning the alcohol and drug counselors
58.10against whom malpractice settlements and awards have been made. The report must
58.11contain at least the following information:
58.12(1) the total number of malpractice settlements or awards made;
58.13(2) the date the malpractice settlements or awards were made;
58.14(3) the allegations contained in the claim or complaint leading to the settlements or
58.15awards made;
58.16(4) the dollar amount of each settlement or award;
58.17(5) the address of the practice of the alcohol and drug counselor against whom an
58.18award was made or with whom a settlement was made; and
58.19(6) the name of the alcohol and drug counselor against whom an award was made or
58.20with whom a settlement was made. The insurance company shall, in addition to the above
58.21information, submit to the board any information, records, and files, including clients'
58.22charts and records, it possesses that tend to substantiate a charge that a licensed alcohol
58.23and drug counselor may have engaged in conduct violating this chapter.
58.24 Subd. 6. Self-reporting. An alcohol and drug counselor shall report to the board
58.25any personal action that would require that a report be filed with the board by any person,
58.26health care facility, business, or organization under subdivisions 1 and 3 to 5. The alcohol
58.27and drug counselor shall also report the revocation, suspension, restriction, limitation,
58.28or other disciplinary action in this state and report the filing of charges regarding the
58.29practitioner's license or right of practice in another state or jurisdiction.
58.30 Subd. 7. Permission to report. A person who has knowledge of any conduct
58.31constituting grounds for disciplinary action relating to the practice of alcohol and drug
58.32counseling under this chapter may report the violation to the board.
58.33 Subd. 8. Client complaints to the board. A provider shall, upon request, provide
58.34information regarding the procedure for filing a complaint with the board and shall, upon
58.35request, assist with filing a complaint. A provider shall not attempt to dissuade a client
59.1from filing a complaint with the board, or require that the client waive the right to file a
59.2complaint with the board as a condition for providing services.
59.3 Subd. 9. Deadlines; forms. Reports required by subdivisions 1 and 3 to 6 must be
59.4submitted no later than 30 days after the reporter learns of the occurrence of the reportable
59.5event or transaction. The board may provide forms for the submission of the reports
59.6required by this section and may require that reports be submitted on the forms provided.
59.7 Sec. 43. REPORT; BOARD OF BEHAVIORAL HEALTH AND THERAPY.
59.8(a) The Board of Behavioral Health and Therapy shall convene a working group
59.9to evaluate the feasibility of a tiered licensure system for alcohol and drug counselors in
59.10Minnesota. This evaluation shall include proposed scopes of practice for each tier, specific
59.11degree and other education and examination requirements for each tier, the clinical
59.12settings in which each tier of practitioner would be utilized, and any other issues the
59.13board deems necessary.
59.14(b) Members of the working group shall include, but not be limited to, members of
59.15the board, licensed alcohol and drug counselors, alcohol and drug counselor temporary
59.16permit holders, faculty members from two- and four-year education programs, professional
59.17organizations, and employers.
59.18(c) The board shall present its written report, including any proposed legislation, to
59.19the chairs and ranking minority members of the legislative committees with jurisdiction
59.20over health and human services no later than December 15, 2015.
59.21(d) The working group is not subject to the provisions of Minnesota Statutes,
59.22section 15.059.
59.23 Sec. 44. REVISOR'S INSTRUCTION.
59.24The revisor of statutes shall consult with the Board of Behavioral Health and
59.25Therapy to make any necessary cross-reference changes that are needed as a result of the
59.26passage of this act.
59.27 Sec. 45. REPEALER.
59.28(a) Minnesota Statutes 2010, sections 148C.01, subdivisions 1, 1a, 2, 2a, 2b, 2c,
59.292d, 2e, 2f, 2g, 4, 4a, 5, 7, 9, 10, 11, 11a, 12, 12a, 13, 14, 15, 16, 17, and 18; 148C.015;
59.30148C.03, subdivisions 1 and 4; 148C.0351, subdivisions 1, 3, and 4; 148C.0355; 148C.04,
59.31subdivisions 1, 2, 3, 4, 5a, 6, and 7; 148C.044; 148C.045; 148C.05, subdivisions 1, 1a, 5,
59.32and 6; 148C.055; 148C.07; 148C.075; 148C.08; 148C.09, subdivisions 1, 1a, 2, and 4;
60.1148C.091; 148C.093; 148C.095; 148C.099; 148C.10, subdivisions 1, 2, and 3; 148C.11;
60.2and 148C.12, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, are repealed.
60.3(b) Minnesota Rules, parts 4747.0010; 4747.0020; 4747.0030, subparts 1, 2, 3,
60.44, 5, 7, 8, 9, 10, 15, 17, 18, 20, 21, 22, 24, and 29; 4747.0040; 4747.0050; 4747.0060;
60.54747.0070, subparts 1, 2, 3, and 6; 4747.0200; 4747.0400, subpart 1; 4747.0700;
60.64747.0800; 4747.0900; 4747.1100, subparts 1, 4, 5, 6, 7, 8, and 9; 4747.1400, subparts
60.71, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13; 4747.1500; 6310.3100, subpart 2; 6310.3600;
60.8and 6310.3700, subpart 1, are repealed.
60.9 Sec. 46. EFFECTIVE DATE.
60.10This article is effective August 1, 2012.
60.13 Section 1. Minnesota Statutes 2010, section 148B.5301, subdivision 1, is amended to
60.14read:
60.15 Subdivision 1. General requirements. (a) To be licensed as a licensed professional
60.16clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board
60.17that the applicant:
60.18 (1) is at least 18 years of age;
60.19 (2) is of good moral character;
60.20 (3) has completed a master's or doctoral degree program in counseling or a
60.21related field, as determined by the board based on the criteria in items (i) to (x), that
60.22includes a minimum of 48 semester hours or 72 quarter hours and a supervised field
60.23experience in counseling that is not fewer than 700 hours. The degree must be from
60.24a counseling program recognized by the Council for Accreditation of Counseling and
60.25Related Education Programs (CACREP) or from an institution of higher education that is
60.26accredited by a regional accrediting organization recognized by the Council for Higher
60.27Education Accreditation (CHEA). Specific academic course content and training must
60.28include coursework in each of the following subject areas:
60.29 (i) helping relationship, including counseling theory and practice;
60.30 (ii) human growth and development;
60.31 (iii) lifestyle and career development;
60.32 (iv) group dynamics, processes, counseling, and consulting;
60.33 (v) assessment and appraisal;
60.34 (vi) social and cultural foundations, including multicultural issues;
61.1 (vii) principles of etiology, treatment planning, and prevention of mental and
61.2emotional disorders and dysfunctional behavior;
61.3 (viii) family counseling and therapy;
61.4 (ix) research and evaluation; and
61.5 (x) professional counseling orientation and ethics;
61.6 (4) has demonstrated competence in professional counseling by passing the National
61.7Clinical Mental Health Counseling Examination (NCMHCE), administered by the
61.8National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
61.9examinations as prescribed by the board
61.10
61.11
61.12
61.13 (5) has earned graduate-level semester credits or quarter-credit equivalents in the
61.14following clinical content areas as follows:
61.15 (i) six credits in diagnostic assessment for child or adult mental disorders; normative
61.16development; and psychopathology, including developmental psychopathology;
61.17 (ii) three credits in clinical treatment planning, with measurable goals;
61.18 (iii) six credits in clinical intervention methods informed by research evidence and
61.19community standards of practice;
61.20 (iv) three credits in evaluation methodologies regarding the effectiveness of
61.21interventions;
61.22 (v) three credits in professional ethics applied to clinical practice; and
61.23 (vi) three credits in cultural diversity; and
61.24 (6) has demonstrated successful completion of 4,000 hours of supervised,
61.25post-master's degree professional practice in the delivery of clinical services in the
61.26diagnosis and treatment of child and adult mental illnesses and disorders, conducted
61.27according to subdivision 2.
61.28 (b) If coursework in paragraph (a) was not completed as part of the degree program
61.29required by paragraph (a), clause (3), the coursework must be taken and passed for credit,
61.30and must be earned from a counseling program or institution that meets the requirements
61.31of paragraph (a), clause (3).
61.32 Sec. 2. Minnesota Statutes 2010, section 148B.5301, is amended by adding a
61.33subdivision to read:
61.34 Subd. 3a. Conversion from licensed professional counselor to licensed
61.35professional clinical counselor. (a) Until August 1, 2014, an individual currently licensed
62.1in the state of Minnesota as a licensed professional counselor may convert to a LPCC by
62.2providing evidence satisfactory to the board that the applicant has met the following
62.3requirements:
62.4 (1) is at least 18 years of age;
62.5 (2) is of good moral character;
62.6 (3) has a license that is active and in good standing;
62.7 (4) has no complaints pending, uncompleted disciplinary orders, or corrective
62.8action agreements;
62.9 (5) has completed a master's or doctoral degree program in counseling or a related
62.10field, as determined by the board, and whose degree was from a counseling program
62.11recognized by CACREP or from an institution of higher education that is accredited by a
62.12regional accrediting organization recognized by CHEA;
62.13 (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
62.14clinical coursework which includes content in the following clinical areas:
62.15 (i) diagnostic assessment for child and adult mental disorders; normative
62.16development; and psychopathology, including developmental psychopathology;
62.17 (ii) clinical treatment planning, with measurable goals;
62.18 (iii) clinical intervention methods informed by research evidence and community
62.19standards of practice;
62.20 (iv) evaluation methodologies regarding the effectiveness of interventions;
62.21 (v) professional ethics applied to clinical practice; and
62.22 (vi) cultural diversity;
62.23 (7) has demonstrated, to the satisfaction of the board, successful completion of
62.244,000 hours of supervised, post-master's degree professional practice in the delivery of
62.25clinical services in the diagnosis and treatment of child and adult mental illnesses and
62.26disorders; and
62.27 (8) has paid the LPCC application and licensure fees required in section
62.28subdivision 3.
62.29 (b) If the coursework in paragraph (a) was not completed as part of the degree
62.30program required by paragraph (a), clause (5), the coursework must be taken and passed
62.31for credit, and must be earned from a counseling program or institution that meets the
62.32requirements in paragraph (a), clause (5).
62.33 (c) This subdivision expires August 1, 2014.
62.34EFFECTIVE DATE.This section is effective retroactively from August 1, 2011.
62.35 Sec. 3. Minnesota Statutes 2010, section 148B.5301, subdivision 4, is amended to read:
63.1 Subd. 4. Conversion to licensed professional clinical counselor after August
63.21,
63.3as a licensed professional counselor may convert to a LPCC by providing evidence
63.4satisfactory to the board that the applicant has met the requirements of subdivisions 1
63.5and 2, subject to the following:
63.6 (1) the individual's license must be active and in good standing;
63.7 (2) the individual must not have any complaints pending, uncompleted disciplinary
63.8orders, or corrective action agreements; and
63.9 (3) the individual has paid the LPCC application and licensure fees required in
63.10section
63.11 Sec. 4. Minnesota Statutes 2010, section 148B.54, subdivision 2, is amended to read:
63.12 Subd. 2. Continuing education. At the completion of the first four years of
63.13licensure, a licensee must provide evidence satisfactory to the board of completion of
63.1412 additional postgraduate semester credit hours or its equivalent in counseling as
63.15determined by the board, except that no licensee shall be required to show evidence of
63.16greater than 60 semester hours or its equivalent. In addition to completing the requisite
63.17graduate coursework, each licensee shall also complete in the first four years of licensure
63.18a minimum of 40 hours of continuing education activities approved by the board under
63.19Minnesota Rules, part 2150.2540. Graduate credit hours successfully completed in the
63.20first four years of licensure may be applied to both the graduate credit requirement and to
63.21the requirement for 40 hours of continuing education activities. A licensee may receive 15
63.22continuing education hours per semester credit hour or ten continuing education hours
63.23per quarter credit hour. Thereafter, at the time of renewal, each licensee shall provide
63.24evidence satisfactory to the board that the licensee has completed during each two-year
63.25period at least the equivalent of 40 clock hours of professional postdegree continuing
63.26education in programs approved by the board and continues to be qualified to practice
63.27under sections
63.28 Sec. 5. Minnesota Statutes 2010, section 148B.54, subdivision 3, is amended to read:
63.29 Subd. 3. Relicensure following termination. An individual whose license was
63.30terminated
63.31credit requirement in subdivision 2, does not need to comply with the continuing education
63.32requirement of Minnesota Rules, part 2150.2520, subpart 4, or with the continuing
63.33education requirements for relicensure following termination in Minnesota Rules, part
64.12150.0130, subpart 2. This section does not apply to an individual whose license has
64.2been canceled.
64.3 Sec. 6. EFFECTIVE DATE.
64.4Sections 1 to 5 are effective August 1, 2012, unless a different effective date is
64.5specified.