piers109uk/MN-Statutes huggingface dataset:
148F.001 SCOPE.
This chapter applies to all applicants and licensees, all persons who use the title alcohol and drug counselor, and all persons in or out of this state who provide alcohol and drug counseling services to clients who reside in this state unless there are specific applicable exemptions provided by law.
148F.015 DUTIES OF THE BOARD.
The board shall:
(1) adopt and enforce rules for licensure and regulation of alcohol and drug counselors and temporary permit holders, including a standard disciplinary process and rules of professional conduct;
(2) issue licenses and temporary permits to qualified individuals under sections 148F.001 to 148F.205;
(3) carry out disciplinary actions against licensees and temporary permit holders;
(4) educate the public about the existence and content of the regulations for alcohol and drug counselor licensing to enable consumers to file complaints against licensees who may have violated the rules; and
(5) collect nonrefundable license fees for alcohol and drug counselors.
148F.02 DUTY TO MAINTAIN CURRENT INFORMATION.
All individuals licensed as alcohol and drug counselors, all individuals with temporary permits, and all applicants for licensure must notify the board within 30 days of the occurrence of any of the following:
(1) a change of name, address, place of employment, and home or business telephone number; and
(2) a change in any other application information.
148B.29 DEFINITIONS.
For the purposes of sections 148B.29 to 148B.392, the following terms have the meanings given.
"Board" means the Board of Marriage and Family Therapy created in section 148B.30.
"Licensee" means a person who is licensed by the Board of Marriage and Family Therapy.
"Marriage and family therapy" means the process of providing professional marriage and family psychotherapy to individuals, married couples, and family groups, either singly or in groups. The practice of marriage and family therapy utilizes established principles that recognize the interrelated nature of the individual problems and dysfunctions in family members to assess, understand, and treat emotional and mental problems. Marriage and family therapy includes premarital, marital, divorce, and family therapy, and is a specialized mode of treatment for the purpose of resolving emotional problems and modifying intrapersonal and interpersonal dysfunction.
148E.115 LICENSED INDEPENDENT CLINICAL SOCIAL WORKERS; SUPERVISED PRACTICE.
Before becoming licensed as a licensed independent clinical social worker, a person must have obtained at least 200 hours of supervision at the rate of a minimum of four and a maximum of eight hours of supervision for every 160 hours of practice, in not less than 4,000 hours and not more than 8,000 hours of postgraduate clinical practice required by law, including at least 1,800 hours of direct clinical client contact, according to the requirements of section 148E.106.
(a) Notwithstanding subdivisions 1 and 2, applicants and licensees who have completed hours of supervised practice prior to August 1, 2011, which comply with Minnesota Statutes 2010, sections 148D.100 to 148D.125, may have that supervised practice applied to the licensing requirement.
(b) Any additional hours of supervised practice obtained on or after August 1, 2011, must comply with the increased requirements in this section.
(c) Notwithstanding subdivision 1, in order to qualify for the licensed independent clinical social work license, direct clinical client contact hours are:
(1) not required prior to August 1, 2011; and
(2) not required of either a licensed graduate social worker or a licensed independent social worker engaged in clinical practice with a license issued prior to August 1, 2011.
After licensure, a licensed independent clinical social worker is not required to be supervised.
148E.116 PROVISIONAL LICENSE; SUPERVISED PRACTICE.
After receiving a provisional license from the board, the licensee must obtain at least 37.5 hours of supervision according to the requirements of this section.
The supervision required by subdivision 1 must be obtained during the first 2,000 hours of social work practice after the effective date of the provisional license. At least three hours of supervision must be obtained during every 160 hours of practice under a provisional license until a permanent license is issued.
(a) Half of the supervision hours required by subdivision 1 must consist of one-on-one supervision. The supervision must be provided either in person or via eye-to-eye electronic media while maintaining visual contact.
(b) Half of the supervision hours must consist of one or more of the following types of supervision:
(1) one-on-one supervision provided in person or via eye-to-eye electronic media while maintaining visual contact; or
(2) group supervision provided in person, by telephone, or via eye-to-eye electronic media while maintaining visual contact.
(c) Group supervision must not exceed six supervisees.
(d) Supervision must not be provided by email.
(a) The supervision required by subdivision 1 must be provided by a supervisor who meets the requirements in section 148E.120 and has completed 30 hours of training in supervision, which may be satisfied by completing academic coursework in supervision or continuing education courses in supervision as defined in section 148E.010, subdivision 18.
(b) Supervision must be provided:
(1) if the supervisee is not engaged in clinical practice and the supervisee has a provisional license to practice as a licensed social worker, by:
(i) a licensed social worker who has completed the supervised practice requirements;
(ii) a licensed graduate social worker who has completed the supervised practice requirements;
(iii) a licensed independent social worker; or
(iv) a licensed independent clinical social worker;
(2) if the supervisee is not engaged in clinical practice and the supervisee has a provisional license to practice as a licensed graduate social worker, licensed independent social worker, or licensed independent clinical social worker, by:
(i) a licensed graduate social worker who has completed the supervised practice requirements;
(ii) a licensed independent social worker; or
(iii) a licensed independent clinical social worker;
(3) if the supervisee is engaged in clinical practice and the supervisee has a provisional license to practice as a licensed graduate social worker, licensed independent social worker, or licensed independent clinical social worker, by a licensed independent clinical social worker; or
(4) by a supervisor who meets the requirements in section 148E.120, subdivision 2.
MS 2008 [Repealed, 2009 c 157 art 2 s 14]
148F.03 RECIPROCITY.
(a) An individual who holds a current license or national certification as an alcohol and drug counselor from another jurisdiction must file with the board a completed application for licensure by reciprocity containing the information required in this section.
(b) The applicant must request the credentialing authority of the jurisdiction in which the credential is held to send directly to the board a statement that the credential is current and in good standing, the applicant's qualifications that entitled the applicant to the credential, and a copy of the jurisdiction's credentialing laws and rules that were in effect at the time the applicant obtained the credential.
(c) The board shall issue a license if the board finds that the requirements which the applicant met to obtain the credential from the other jurisdiction were substantially similar to the current requirements for licensure in this chapter and that the applicant is not otherwise disqualified under section 148F.09.
(a) An individual who holds a current license or national certification as an alcohol and drug counselor from another jurisdiction must file with the board a completed application for licensure by reciprocity containing the information required in this section.
(b) The applicant must request the credentialing authority of the jurisdiction in which the credential is held to send directly to the board a statement that the credential is current and in good standing.
(c) The board may issue a license if the board finds that the applicant has been in active practice in good standing for a minimum of five years after receiving licensure or other credential.
(d) The board shall determine, based on the applicant's experience and qualifications, whether the applicant is granted the licensed alcohol and drug counselor license or other credential regulated by the board.
148B.30 BOARD OF MARRIAGE AND FAMILY THERAPY.
(a) There is created a Board of Marriage and Family Therapy that consists of seven members appointed by the governor. Four members shall be licensed, practicing marriage and family therapists, each of whom shall for at least five years immediately preceding appointment, have been actively engaged as a marriage and family therapist, rendering professional services in marriage and family therapy. One member shall be engaged in the professional teaching and research of marriage and family therapy. Two members shall be representatives of the general public who have no direct affiliation with the practice of marriage and family therapy. All members shall have been a resident of the state two years preceding their appointment. Of the first board members appointed, three shall continue in office for two years, two members for three years, and two members, including the chair, for terms of four years respectively. Their successors shall be appointed for terms of four years each, except that a person chosen to fill a vacancy shall be appointed only for the unexpired term of the board member whom the newly appointed member succeeds. Upon the expiration of a board member's term of office, the board member shall continue to serve until a successor is appointed and qualified.
(b) At the time of their appointments, at least two members must reside outside of the seven-county metropolitan area.
(c) At the time of their appointments, at least two members must be members of:
(1) a community of color; or
(2) an underrepresented community, defined as a group that is not represented in the majority with respect to race, ethnicity, national origin, sexual orientation, gender identity, or physical ability.
MS 2018 [Repealed, 2019 c 52 s 20]
The board shall annually elect from its membership a chair, a vice-chair, and secretary-treasurer, and shall adopt rules to govern its proceedings. The board shall appoint and employ an executive secretary who shall not be a member of the board.
The membership terms, compensation, and removal of board members is governed by section 15.0575, unless superseded by this section.
148B.31 DUTIES OF THE BOARD; CONTINUING EDUCATION.
(a) The board shall:
(1) adopt and enforce rules for marriage and family therapy licensing, which shall be designed to protect the public;
(2) develop by rule appropriate techniques, including examinations and other methods, for determining whether applicants and licensees are qualified under sections 148B.29 to 148B.392;
(3) issue licenses to individuals who are qualified under sections 148B.29 to 148B.392;
(4) establish and implement procedures designed to assure that licensed marriage and family therapists will comply with the board's rules;
(5) study and investigate the practice of marriage and family therapy within the state in order to improve the standards imposed for the licensing of marriage and family therapists and to improve the procedures and methods used for enforcement of the board's standards;
(6) formulate and implement a code of ethics for all licensed marriage and family therapists; and
(7) establish continuing education requirements for marriage and family therapists.
(b) At least four of the 40 continuing education training hours required under Minnesota Rules, part 5300.0320, subpart 2, must be on increasing the knowledge, understanding, self-awareness, and practice skills that enable a marriage and family therapist to serve clients from diverse socioeconomic and cultural backgrounds. Topics include but are not limited to:
(1) understanding culture, its functions, and strengths that exist in varied cultures;
(2) understanding clients' cultures and differences among and between cultural groups;
(3) understanding the nature of social diversity and oppression; and
(4) understanding cultural humility.
148F.035 TEMPORARY PERMIT.
(a) The board may issue a temporary permit to practice alcohol and drug counseling to an individual prior to being licensed under this chapter if the person:
(1) received an associate degree, or an equivalent number of credit hours, completed 880 clock hours of supervised alcohol and drug counseling practicum, and 18 semester credits or 270 clock hours of academic course work in alcohol and drug counseling from an accredited school or education program; and
(2) completed academic course work in the following areas:
(i) overview of the transdisciplinary foundations of alcohol and drug counseling, including theories of chemical dependency, the continuum of care, and the process of change;
(ii) pharmacology of substance abuse disorders and the dynamics of addiction, including substance use disorder treatment with medications for opioid use disorder;
(iii) professional and ethical responsibilities;
(iv) multicultural aspects of chemical dependency;
(v) co-occurring disorders; and
(vi) core functions defined in section 148F.01, subdivision 10.
(b) An individual seeking a temporary permit shall fully complete and submit a notarized written application on forms provided by the board together with the nonrefundable temporary permit fee specified in section 148F.115, subdivision 3, clause (1).
(c) An individual practicing under this section:
(1) must be supervised by a licensed alcohol and drug counselor or other licensed professional practicing alcohol and drug counseling under section 148F.11, subdivision 1;
(2) is subject to all statutes and rules to the same extent as an individual who is licensed under this chapter, except the individual is not subject to the continuing education requirements of section 148F.075; and
(3) must use the title "Alcohol and Drug Counselor-Trainee" or the letters "ADC-T" in professional activities.
(d)(1) An individual practicing with a temporary permit must submit a renewal application annually on forms provided by the board with the renewal fee required in section 148F.115, subdivision 3.
(2) A temporary permit is automatically terminated if not renewed, upon a change in supervision, or upon the granting or denial by the board of the applicant's application for licensure as an alcohol and drug counselor.
(3) A temporary permit may be renewed no more than five times.
148B.32 PROHIBITIONS AND PENALTY.
No individual shall engage in marriage and family therapy practice unless that individual holds a valid license issued under sections 148B.29 to 148B.392.
No individual shall be held out to be a marriage and family therapist unless that individual holds a valid license issued under sections 148B.29 to 148B.392, is a psychologist licensed by the Board of Psychology with a competency in marriage and family therapy, or is a person providing marriage and family therapy who is employed by a hospital licensed under chapter 144 and who is acting within the scope of the person's employment.
A person who violates a provision of sections 148B.29 to 148B.392 is guilty of a gross misdemeanor.
148F.045 ALCOHOL AND DRUG COUNSELOR TECHNICIAN.
An alcohol and drug counselor technician may perform the screening, intake, and orientation services described in section 148F.01, subdivision 10, clauses (1), (2), and (3), while under the direct supervision of a licensed alcohol and drug counselor.
148F.055 EXPIRED LICENSE.
A licensee who fails to submit an application for license renewal, or whose application for license renewal is not postmarked or received by the board as required, is not authorized to practice after the expiration date and is subject to disciplinary action by the board for any practice after the expiration date.
(a) Within 30 days after the renewal date, a licensee who has not renewed the license shall be notified by letter sent to the last known address of the licensee in the board's file that the renewal is overdue and that failure to pay the current fee and current late fee within 60 days after the renewal date will result in termination of the license.
(b) The board shall terminate the license of a licensee whose license renewal is at least 60 days overdue and to whom notification has been sent as provided in paragraph (a). Failure of a licensee to receive notification is not grounds for later challenge of the termination. The former licensee shall be notified of the termination by letter within seven days after the board action, in the same manner as provided in paragraph (a).
148B.33 REQUIREMENTS FOR LICENSURE.
An applicant for a license shall furnish evidence that the applicant:
(1) has attained the age of majority;
(2) is of good moral character;
(3) is a citizen of the United States, or is lawfully entitled to remain and work in the United States;
(4) has at least two years of supervised postgraduate experience in marriage and family therapy satisfactory to the board;
(5)(i) has completed a master's or doctoral degree in marriage and family therapy from a program in a regionally accredited educational institution or from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education of the American Association for Marriage and Family Therapy; or (ii) has completed a master's or doctoral degree from a regionally accredited educational institution in a related field for which the course work is considered by the board to be equivalent to that provided in clause (5)(i);
(6) will agree to conduct all professional activities as a licensed marriage and family therapist in accordance with a code of ethics for marriage and family therapists to be adopted by the board; and
(7) has passed an examination approved by the board by rule.
The board must allow an applicant to satisfy the requirement for supervised postgraduate experience in marriage and family therapy with all required hours of supervision provided through real-time, two-way interactive audio and visual communication.
Each applicant shall pay an application fee as specified under section 148B.392.
(a) Applicants seeking licensure according to this subdivision must be:
(1) an active duty military member;
(2) the spouse of an active duty military member; or
(3) a veteran who has left service in the two years preceding the date of license application, and has confirmation of an honorable or general discharge status.
(b) A qualified applicant under this subdivision must provide evidence of:
(1) a current valid license, certificate, or permit in another state without history of disciplinary action by a regulatory authority in the other state; and
(2) a current criminal background study without a criminal conviction that is determined by the board to adversely affect the applicant's ability to become licensed.
(c) A temporary license issued under this subdivision is effective for six months from the initial temporary licensure date.
(d) During the temporary license period, the individual shall complete the licensed marriage and family therapist application for licensure.
(e) In order to remain licensed after the expiration of the temporary license, an individual must meet the requirements in subdivisions 1 and 2.
148B.35 RECIPROCITY WITH OTHER STATES.
The board shall issue a marriage and family therapist's license to an individual who holds a current license as a marriage and family therapist from another jurisdiction if the board determines that the standards for licensure in the other jurisdiction are at least equivalent to or exceed the requirements of sections 148B.29 to 148B.392 and the rules of the board.
148B.331 GUEST LICENSURE.
(a) A nonresident of the state of Minnesota who is not seeking licensure in Minnesota and intends to practice marriage and family therapy in Minnesota must apply to the board for guest licensure. An applicant must apply for guest licensure at least 30 days prior to the expected date of practice in Minnesota and is subject to approval by the board or its designee.
(b) To be eligible for licensure under this section, the applicant must:
(1) have a license, certification, or registration in good standing to practice marriage and family therapy from another jurisdiction;
(2) have a graduate degree in marriage and family therapy from a regionally accredited institution or a degree in a related field from a regionally accredited institution with completed coursework meeting the educational requirements provided in Minnesota Rules, part 5300.0140, subpart 2;
(3) be of good moral character;
(4) have no pending complaints or active disciplinary or corrective actions in any jurisdiction;
(5) submit the required fee and complete the criminal background check according to section 214.075; and
(6) pay a fee to the board in the amount set forth in section 148B.392.
(c) A license issued under this section is valid for one year from the date of issuance and allows practice by the nonresident for a maximum of five months. The months in which the nonresident may practice under the license must be consecutive. A guest license is not renewable, but the nonresident may reapply for guest licensure, subject to continued eligibility under paragraph (b), following expiration of a guest license.
Notwithstanding subdivision 1, a nonresident of the state of Minnesota who is not seeking licensure in Minnesota may serve as an expert witness, organizational consultant, presenter, or educator without obtaining guest licensure, provided the nonresident is appropriately trained or educated, or has been issued a license, certificate, or registration by another jurisdiction.
A person's privilege to practice under this section is subject to the prohibitions and sanctions for unprofessional or unethical conduct contained in Minnesota laws and rules for marriage and family therapy under this chapter.
148F.05 LICENSE RENEWAL REQUIREMENTS.
A license must be renewed every two years.
At least 60 calendar days before the renewal deadline date, the board shall mail a renewal notice to the licensee's last known address on file with the board. The notice must include instructions for accessing an online application for license renewal, the renewal deadline, and notice of fees required for renewal. The licensee's failure to receive notice does not relieve the licensee of the obligation to meet the renewal deadline and other requirements for license renewal.
(a) To renew a license, a licensee must submit to the board:
(1) a completed, signed, and notarized application for license renewal;
(2) the renewal fee required under section 148F.115, subdivision 2; and
(3) evidence satisfactory to the board that the licensee has completed 40 clock hours of continuing education during the preceding two-year renewal period that meet the requirements of section 148F.075.
(b) The application must be postmarked or received by the board by the end of the day on which the license expires or the following business day if the expiration date falls on a Saturday, Sunday, or holiday. An application which is not completed, signed, notarized, or which is not accompanied by the correct fee is void and must be returned to the licensee.
If a licensee's application for license renewal is postmarked or received by the board by the end of the business day on the expiration date of the license, the licensee may continue to practice after the expiration date while the application for license renewal is pending with the board.
If the application for license renewal is postmarked or received after the expiration date, the licensee shall pay a late fee as specified by section 148F.115, subdivision 5, clause (1), in addition to the renewal fee, before the application for license renewal will be considered by the board.
148F.06 VOLUNTARY TERMINATION.
A license may be voluntarily terminated by the licensee at any time upon written notification to the board, unless a complaint is pending against the licensee. The notification must be received by the board prior to termination of the license for failure to renew. A former licensee may be licensed again only after complying with the relicensure following termination requirements under section 148F.065. For purposes of this section, the board retains jurisdiction over any licensee whose license has been voluntarily terminated and against whom the board receives a complaint for conduct occurring during the period of licensure.
148B.351 MALPRACTICE HISTORY.
Licensees or applicants for licensure who have previously practiced in another state shall submit with their application the following information:
(1) number, date, and disposition of any malpractice settlement or award made relating to the quality of services provided by the licensee or applicant; and
(2) number, date, and disposition of any civil litigations or arbitrations relating to the quality of services provided by the licensee or applicant in which the party complaining against the licensee or applicant prevailed or otherwise received a favorable decision or order.
The board shall give due consideration to the information submitted under this section. A licensee or applicant for licensure who willfully submits incorrect information is subject to disciplinary action under sections 148B.29 to 148B.392.
148F.065 RELICENSURE FOLLOWING TERMINATION.
For a period of two years, a former licensee whose license has been voluntarily terminated or terminated for nonrenewal as provided in section 148F.055, subdivision 2, may be relicensed by completing an application for relicensure, paying the applicable fee, and verifying that the former licensee has not engaged in the practice of alcohol and drug counseling in this state since the date of termination. The verification must be accompanied by a notarized affirmation that the statement is true and correct to the best knowledge and belief of the former licensee.
A former licensee seeking relicensure after license termination must provide evidence of having completed at least 20 hours of continuing education activities for each year, or portion thereof, that the former licensee did not hold a license.
The board shall not renew, reissue, reinstate, or restore the license of a former licensee which was terminated for nonrenewal, or voluntarily terminated, and for which relicensure was not sought for more than two years from the date the license was terminated for nonrenewal, or voluntarily terminated. A former licensee seeking relicensure after this two-year period must obtain a new license by applying for licensure and fulfilling all requirements then in existence for an initial license to practice alcohol and drug counseling in Minnesota.
148E.145 CONTINUING EDUCATION PROVIDERS.
(a) For the board to approve a continuing education provider, the provider must:
(1) submit a completed application form that the board has provided;
(2) agree to comply with the requirements of this section;
(3) submit a signed statement that indicates that the provider agrees to provide documentation of attendance that meets the requirements of section 148E.130, subdivision 11, to each participant in the provider's program; and
(4) pay the continuing education provider fee specified in section 148E.180.
(b) An approval is valid for one year from the date that the board receives the application and fee.
(c) During the one-year period, an approved provider may provide no more than the number of clock hours for which the provider has applied as specified in section 148E.180, subdivision 4. If the provider wishes to offer additional clock hours during the one-year period, the provider must submit another application and fee to the board.
MS 2018 [Repealed by amendment, 2020 c 79 art 3 s 49]
(a) An approved provider must ensure that all continuing education activities:
(1) promote the standards of practice described in sections 148E.195 to 148E.240;
(2) contribute to the practice of social work as defined in section 148E.010; and
(3) are presented by individuals with expertise in the material or content.
(b) An approved provider must provide documentation of completion to each participant that includes the information required by section 148E.130, subdivision 11.
MS 2018 [Repealed by amendment, 2020 c 79 art 3 s 49]
An approved provider must maintain the following information for three years following the end of each program activity:
(1) the program's title;
(2) a description of the program's content and objectives;
(3) the program's date;
(4) the program's number of clock hours;
(5) whether the activity was presented as a live interactive activity or continuing education independent learning;
(6) the names and qualifications of the program's presenters; and
(7) a list of the program's attendees.
(a) The board may audit an approved provider to determine compliance with the requirements of this section.
(b) An approved provider audited by the board must provide the documentation specified in subdivision 5.
The board may revoke approval of an approved provider if the board determines the provider failed to meet the requirements of this section.
148F.07 INACTIVE LICENSE STATUS.
Unless a complaint is pending against the licensee, a licensee whose license is in good standing may request, in writing, that the license be placed on the inactive list. If a complaint is pending against a licensee, a license may not be placed on the inactive list until action relating to the complaint is concluded. The board must receive the request for inactive status before expiration of the license, or the person must pay the late fee. A licensee may renew a license that is inactive under this subdivision by meeting the renewal requirements of subdivision 2. A licensee must not practice alcohol and drug counseling while the license is inactive.
A licensee whose license is inactive must renew the inactive status by the inactive status expiration date determined by the board, or the license will expire. An application for renewal of inactive status must include evidence satisfactory to the board that the licensee has completed 40 clock hours of continuing education required in section 148F.075. Late renewal of inactive status must be accompanied by a late fee as required in section 148F.115, subdivision 5, clause (2).
148B.36 NONTRANSFERABILITY OF LICENSES.
A marriage and family therapy license is not transferable.
148B.37 REFUSAL TO GRANT LICENSE; SUSPENSION OR REVOCATION OF LICENSE; DISCIPLINARY ACTION.
(a) The board may take disciplinary action as described under paragraph (b) against a licensee or applicant who the board, after a hearing under the contested case provisions of chapter 14, determines:
(1) is incompetent to practice marriage and family therapy, or is found to engage in the practice of marriage and family therapy in a manner harmful or dangerous to a client or to the public;
(2) is convicted by a court of competent jurisdiction of a crime that the board determines is of a nature to render the convicted person unfit to practice marriage and family therapy. The board should compile, maintain, and publish a list of such crimes;
(3) has violated a provision of sections 148B.29 to 148B.392 or one or more of the rules of the board;
(4) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent representation;
(5) has knowingly made a false statement on a form required by the board for licensing or license renewal; or
(6) has failed to obtain continuing education credits required by the board.
(b) If grounds for disciplinary action exist under paragraph (a), the board may take one or more of the following disciplinary actions:
(1) refuse to grant or renew a license;
(2) revoke a license;
(3) suspend a license;
(4) impose limitations on the practice of the licensee;
(5) impose conditions on the practice of the licensee;
(6) impose a civil penalty not exceeding $10,000 for each separate violation, the amount of the civil penalty to be fixed so as to deprive the licensee of any economic advantage gained by reason of the violation charged, or to discourage repeated violations;
(7) impose a fee to reimburse the board for all or part of the cost of the proceedings resulting in disciplinary action including but not limited to the amount paid by the board for services from the Office of Administrative Hearings, attorney fees, court reporters, witnesses, reproduction of records, board members' per diem compensation, board staff time, and expense incurred by board members and staff;
(8) censure or reprimand the licensee; or
(9) take any other action justified by the facts of the case.
In a proceeding for the suspension or revocation of the right to practice or other disciplinary or adverse action involving sexual contact with a client or former client, the board or administrative law judge shall not consider evidence of the client's previous sexual conduct nor shall any reference to this conduct be made during the proceedings or in the findings, except by motion of the complainant, unless the evidence would be admissible under the applicable provisions of section 609.347, subdivision 3.
For reasons it considers sufficient and upon a vote of five of its members, the board may restore a license that has been revoked, reduce a period of suspension, or withdraw a reprimand.
150A.01 DEFINITIONS.
As used in sections 150A.01 to 150A.12, the following terms shall have the meanings given them.
"Advanced dental therapist" means a person licensed as a dental therapist under this chapter and who has been certified by the board to practice as an advanced dental therapist under section 150A.106.
"Board" means the state Board of Dentistry.
"Dental technician" means a person performing acts authorized under section 150A.10, subdivision 3.
"Dental hygienist" means a person licensed pursuant to sections 150A.01 to 150A.12 to perform the services authorized pursuant to section 150A.10, subdivision 1, or any other services authorized by sections 150A.01 to 150A.12.
"Dental assistant" means a person performing acts authorized under section 150A.10, subdivision 2.
"Dental therapist" means a person licensed under this chapter to perform the services authorized under section 150A.105 or any other services authorized under this chapter.
"Dentist" means a dentist licensed pursuant to sections 150A.01 to 150A.12.
"Faculty dentist" means a person who is licensed to practice dentistry as a faculty member of a school of dentistry, pursuant to section 150A.06, subdivision 1a.
"Person" includes an individual, corporation, partnership, association or any other legal entity.
"Licensed dental assistant" means a person licensed pursuant to section 150A.06.
"Resident dentist" means a person who is licensed to practice dentistry as an enrolled graduate student or student of an advanced education program accredited by the Commission on Dental Accreditation.
"State," when used in reference to a state other than Minnesota, means any other state of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
148F.08 SPONSOR'S APPLICATION FOR APPROVAL.
Individuals, organizations, associations, corporations, educational institutions, or groups intending to offer continuing education activities for approval must submit to the board the sponsor application fee and a completed application for approval on a form provided by the board. The sponsor must comply with the following to receive and maintain approval:
(1) submit the application for approval at least 60 days before the activity is scheduled to begin; and
(2) include the following information in the application for approval to enable the board to determine whether the activity complies with section 148F.075:
(i) a statement of the objectives of the activity and the knowledge the participants will have gained upon completion of the activity;
(ii) a description of the content and methodology of the activity which will allow the participants to meet the objectives;
(iii) a description of the method the participants will use to evaluate the activity;
(iv) a list of the qualifications of each instructor or developer that shows the instructor's or developer's current knowledge and skill in the activity's subject;
(v) a description of the certificate or other form of verification of attendance distributed to each participant upon successful completion of the activity;
(vi) the sponsor's agreement to retain attendance lists for a period of five years from the date of the activity; and
(vii) a copy of any proposed advertisement or other promotional literature.
If the board approves an activity it shall assign the activity a number. The approval remains in effect for one year from the date of initial approval. Upon expiration, a sponsor must submit a new application for activity approval to the board as required by subdivision 1.
Each sponsor of an approved activity shall include in any promotional literature a statement that "This activity has been approved by the Minnesota Board of Behavioral Health and Therapy for ... hours of credit."
The activity sponsor must submit proposed changes in an approved activity to the board for its approval.
The board shall not approve an activity if it does not meet the continuing education requirements in section 148F.075. The board shall notify the sponsor in writing of its reasons for denial.
The board shall revoke its approval of an activity if a sponsor falsifies information contained in its application for approval, or if a sponsor fails to notify the board of changes to an approved activity as required in subdivision 4.
150A.02 BOARD OF DENTISTRY.
There is hereby created a Board of Dentistry whose duty it shall be to carry out the purposes and enforce the provisions of sections 150A.01 to 150A.12. The board shall consist of two public members as defined by section 214.02, five qualified resident dentists, one qualified resident licensed dental assistant, and one qualified resident dental hygienist appointed by the governor. Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09. The provision of staff, administrative services and office space; the review and processing of board complaints; the setting of board fees; and other provisions relating to board operations shall be as provided in chapter 214. Each board member who is a dentist, licensed dental assistant, or dental hygienist shall have been lawfully in active practice in this state for five years immediately preceding appointment; and no board member shall be eligible for appointment to more than two consecutive four-year terms, and members serving on the board at the time of the enactment hereof shall be eligible to reappointment provided they shall not have served more than nine consecutive years at the expiration of the term to which they are to be appointed. At least 90 days prior to the expiration of the terms of dentists, licensed dental assistants, or dental hygienists, the Minnesota Dental Association, Minnesota Dental Assistants Association, or the Minnesota Dental Hygienists' Association shall recommend to the governor for each term expiring not less than two dentists, two licensed dental assistants, or two dental hygienists, respectively, who are qualified to serve on the board, and from the list so recommended the governor may appoint members to the board for the term of four years, the appointments to be made within 30 days after the expiration of the terms. Within 60 days after the occurrence of a dentist, licensed dental assistant, or dental hygienist vacancy, prior to the expiration of the term, in the board, the Minnesota Dental Association, the Minnesota Dental Assistants Association, or the Minnesota Dental Hygienists' Association shall recommend to the governor not less than two dentists, two licensed dental assistants, or two dental hygienists, who are qualified to serve on the board and from the list so recommended the governor, within 30 days after receiving such list of dentists, may appoint one member to the board for the unexpired term occasioned by such vacancy. Any appointment to fill a vacancy shall be made within 90 days after the occurrence of such vacancy. The first four-year term of the dental hygienist and of the licensed dental assistant shall commence on the first Monday in January, 1977.
MS 1974 [Repealed, 1975 c 136 s 77]
151.02 STATE BOARD OF PHARMACY.
The Minnesota State Board of Pharmacy shall consist of three public members as defined by section 214.02 and six pharmacists actively engaged in the practice of pharmacy in this state. Each of said pharmacists shall have had at least five consecutive years of practical experience as a pharmacist immediately preceding appointment.
148B.372 PROFESSIONAL COOPERATION.
A licensee who is the subject of an investigation by or on behalf of the board shall cooperate fully with the investigation. Cooperation includes responding fully and promptly to any question raised by or on behalf of the board relating to the subject of the investigation and providing copies of client records, as reasonably requested by the board, to assist the board in its investigation. The board shall pay for copies requested. If the board does not have a written consent from a client permitting access to the client's records, the licensee shall delete any data in the record that identifies the client before providing it to the board. The board shall maintain any records obtained pursuant to this section as investigative data pursuant to chapter 13.
148F.085 NONTRANSFERABILITY OF LICENSES.
An alcohol and drug counselor license is not transferable.
150A.03 OFFICERS; SALARIES; EQUIPMENT AND SUPPLIES.
The board shall elect from its members a president, a vice-president, and a secretary. The board shall have a common seal. It may hold meetings at such times as may be necessary and as it may determine. The board may affiliate and participate, both in and out-of-state, with regional and national testing agencies for the purpose of conducting examinations for licensure and registration. The fee charged by such an agency for conducting the examination may be in addition to the application fee established by the board pursuant to section 150A.06.
The board shall appoint an executive secretary who shall not be a member of the board and who shall be in the unclassified civil service. The board may accept any funds which may be made available to the board from any source. All funds received by the board under sections 150A.01 to 150A.12 shall be paid to the executive secretary thereof. The expenses of administering sections 150A.01 to 150A.12 shall be paid from the appropriation made to the Board of Dentistry.
The board may expend the necessary funds for its offices and furniture, fixtures, and supplies. The board may affiliate with the American Association of Dental Examiners as an active member and pay regular annual dues to this association, and send members of the board as delegates to the meetings of the American Association of Dental Examiners.
150A.04 RULES OF BOARD.
MS 1974 [Repealed, 1976 c 222 s 209]
MS 1974 [Repealed, 1976 c 222 s 209]
MS 1974 [Repealed, 1976 c 222 s 209]
MS 1974 [Repealed, 1976 c 222 s 209]
The board may promulgate rules as are necessary to carry out and make effective the provisions and purposes of sections 150A.01 to 150A.12, in accordance with chapter 14. The rules may specify training and education necessary for administering general anesthesia and intravenous conscious sedation.
148B.38 EXCEPTIONS FROM LICENSE REQUIREMENT.
Nothing in sections 148B.29 to 148B.392 shall be construed to prevent qualified members of other licensed or certified professions or occupations, such as licensed physicians, registered nurses, licensed practical nurses, psychologists licensed by the board of psychology, social workers, probation officers, members of the clergy, attorneys, school counselors who are employed by an accredited educational institution while performing those duties for which they are employed, registered occupational therapists or certified occupational therapist assistants who are certified by the American Occupational Therapy Association, from doing work of a marriage and family therapy nature.
Nothing in sections 148B.29 to 148B.392 shall be construed to prevent marriage and family therapy practice by students or interns or individuals preparing for marriage and family therapy to practice under qualified supervision of a licensed professional, recognized and approved by the board in a recognized educational institution or agency so long as they are designated by titles such as "student," "trainee," "intern," or other titles clearly indicating training status.
The licensure of marriage and family therapists who are employed by federally recognized tribes and private nonprofit agency marriage and family therapists, whose primary service focus addresses ethnic minority populations and who are themselves members of ethnic minority populations within said agencies, shall be voluntary for a period of five years at which time the legislature will review the need for mandatory licensure for all marriage and family therapists under this subdivision.
151.03 MEMBERSHIP.
Members of the board shall be appointed by the governor. The governor shall make appointments to the board that reflect the geography of the state. The board members who are pharmacists must, as a whole, reflect the broad mix of practice types of pharmacists practicing in Minnesota. Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09. The provision of staff, administrative services and office space; the review and processing of complaints; the setting of board fees; and other provisions relating to board operations shall be as provided in chapter 214. Any pharmacist on the board who, during incumbency, ceases to be actively engaged in the practice of pharmacy in this state shall be automatically disqualified from membership.
151.04 RECOMMENDED NAMES.
The Minnesota State Pharmaceutical Association and the Minnesota Society of Hospital Pharmacists may jointly recommend five names for each pharmacist to be appointed.