piers109uk/MN-Statutes huggingface dataset:
148.754 EXAMINATION; ACCESS TO MEDICAL DATA.
(a) If the board has probable cause to believe that a licensee comes under section 148.75, paragraph (a), clause (2), it may direct the licensee to submit to a mental or physical examination. For the purpose of this paragraph, every licensee is deemed to have consented to submit to a mental or physical examination when directed in writing by the board and further to have waived all objections to the admissibility of the examining physicians' testimony or examination reports on the ground that they constitute a privileged communication. Failure of the licensee to submit to an examination when directed constitutes an admission of the allegations against the person, unless the failure was due to circumstances beyond the person's control, in which case a default and final order may be entered without the taking of testimony or presentation of evidence. A licensee affected under this paragraph shall, at reasonable intervals, be given an opportunity to demonstrate that the person can resume the competent practice of physical therapy with reasonable skill and safety to the public.
(b) In any proceeding under paragraph (a), neither the record of proceedings nor the orders entered by the board shall be used against a licensee in any other proceeding.
(c) In addition to ordering a physical or mental examination, the board may, notwithstanding section 13.384, 144.651, or any other law limiting access to medical or other health data, obtain medical data and health records relating to a licensee or applicant without the person's or applicant's consent if the board has probable cause to believe that the person comes under paragraph (a). The medical data may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, or a government agency, including the Department of Human Services. A provider, insurance company, or government agency shall comply with any written request of the board under this paragraph and is not liable in any action for damages for releasing the data requested by the board if the data are released pursuant to a written request under this paragraph, unless the information is false and the provider giving the information knew, or had reason to believe, the information was false. Information obtained under this paragraph is classified as private under sections 13.01 to 13.87.
148.755 TEMPORARY SUSPENSION OF LICENSE.
In addition to any other remedy provided by law, the board may, without a hearing, temporarily suspend the license of a licensee if the board finds that the licensee has violated a statute or rule which the board is empowered to enforce and continued practice by the licensee would create a serious risk of harm to the public. The suspension shall take effect upon written notice to the licensee, specifying the statute or rule violated. The suspension shall remain in effect until the board issues a final order in the matter after a hearing. At the time it issues the suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act, chapter 14. The licensee shall be provided with at least 20 days' notice of any hearing held pursuant to this section. The hearing shall be scheduled to begin no later than 30 days after the issuance of the suspension order.
148.77 VIOLATIONS.
Any person violating the provisions of section 148.76 is guilty of a gross misdemeanor.
148.78 PROSECUTION, ALLEGATIONS.
In the prosecution of any person for violation of sections 148.65 to 148.78 as specified in section 148.76, it shall not be necessary to allege or prove want of a valid license as a physical therapist or physical therapist assistant, but shall be a matter of defense to be established by the accused.
148.7801 CITATION.
Sections 148.7801 to 148.7815 may be cited as the "Minnesota Athletic Trainers Act."
148.7802 DEFINITIONS.
The definitions in this section apply to this chapter.
"Approved continuing education program" means a continuing education program that meets the maintenance of competence requirements in section 148.7812 and is approved by the board.
"Approved education program" means an education program offered by an accredited university, college, or other postsecondary institution that, at the time the student completes the program, makes the student eligible to attain national certification as an athletic trainer from the Board of Certification for the Athletic Trainer or its recognized successor.
"Athlete" means a person participating in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina.
"Athletic injury" means an injury sustained by a person as a result of the person's participation in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina.
"Athletic trainer" means a person who engages in athletic training under section 148.7806 and is licensed under section 148.7808.
"Board" means the Board of Medical Practice.
"Credential" means a license, permit, certification, registration, or other evidence of qualification or authorization to practice as an athletic trainer in this state or any other state.
"Credentialing examination" means an examination administered by the Board of Certification for the Athletic Trainer or its recognized successor.
"Primary employment site" means the institution, organization, corporation, or sports team where the athletic trainer is employed for the practice of athletic training.
"Primary physician" means a licensed medical physician who serves as a medical consultant to an athletic trainer.
148.7803 PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
No person shall engage in athletic training without first being licensed under sections 148.7801 to 148.7815. A person engages in athletic training if the person performs or offers to perform athletic training as defined in section 148.7806.
(a) A person shall not use in connection with the person's name or in any form of advertising, professional literature, or billing that relates to the person's occupation or profession as an athletic trainer, the words or letters registered athletic trainer; licensed athletic trainer; Minnesota registered athletic trainer; athletic trainer; AT; LAT; ATR; or any words, letters, abbreviations, or insignia indicating or implying that the person is an athletic trainer, without being licensed as an athletic trainer under sections 148.7801 to 148.7815.
(b) Any person who is exempt from licensure under subdivision 3 must not use any of the titles identified in paragraph (a), or any description stating or implying that they are engaged in the practice of athletic training or that they are licensed to engage in the practice of athletic training.
(a) Nothing in sections 148.7801 to 148.7815 shall be construed to prohibit the practice of any profession or occupation licensed or registered by the state or to perform any act that falls within the scope of practice of the licensed or registered profession or occupation.
(b) Nothing in sections 148.7801 to 148.7815 shall be construed to require an athletic trainer license for:
(1) a student engaged in athletic training as part of an accredited athletic training program if the student is under the direct supervision of a licensed athletic trainer and is identified as an "athletic training student"; or
(2) an athletic trainer as a member of the United States armed forces while performing duties incident to duty.
A person who violates this section is guilty of a misdemeanor and subject to section 214.11.
148.7804 POWERS OF THE BOARD.
The board, acting under the advice of the Athletic Trainers Advisory Council, shall issue all licenses and shall exercise the following powers and duties:
(1) adopt rules necessary to implement sections 148.7801 to 148.7815;
(2) prescribe license application forms, license forms, protocol forms, and other necessary forms;
(3) approve a licensure examination;
(4) keep a complete record of licensed athletic trainers, prepare a current official listing of the names and addresses of licensed athletic trainers, and make a copy of the list available to any person requesting it upon payment of a copying fee established by the board;
(5) keep a permanent record of all its proceedings; and
(6) establish the duties of, and employ, clerical personnel.
148.7805 ATHLETIC TRAINERS ADVISORY COUNCIL.
The Athletic Trainers Advisory Council is created and is composed of eight members appointed by the board. The advisory council consists of:
(1) two public members as defined in section 214.02;
(2) three members who are licensed athletic trainers, one being both a licensed physical therapist and licensed athletic trainer as submitted by the Minnesota American Physical Therapy Association;
(3) two members who are medical physicians licensed by the state and have experience with athletic training and sports medicine; and
(4) one member who is a doctor of chiropractic licensed by the state and has experience with athletic training and sports injuries.
The advisory council is established and administered under section 15.059.
The advisory council shall:
(1) advise the board regarding standards for athletic trainers;
(2) distribute information regarding athletic trainer standards;
(3) advise the board on enforcement of sections 148.7801 to 148.7815;
(4) review license applications and license renewal applications and make recommendations to the board;
(5) review complaints in accordance with sections 214.10 and 214.13, subdivision 6;
(6) review investigation reports of complaints and recommend to the board whether disciplinary action should be taken;
(7) advise the board regarding evaluation and treatment protocols;
(8) advise the board regarding approval of continuing education programs; and
(9) perform other duties authorized for advisory councils under chapter 214, as directed by the board.
148.7809 LICENSE RENEWAL.
An athletic trainer license issued under section 148.7808 expires annually. To renew a license, an athletic trainer shall pay a fee as required by section 148.7815 and complete a renewal application on a form provided by the board that includes:
(1) the athletic trainer's name, Minnesota athletic trainer license number, home address and telephone number, business address and telephone number, and business setting;
(2) work history for the past year, including the average number of hours worked per week;
(3) a report of any change in status since initial licensure or previous license renewal;
(4) evidence satisfactory to the board of having met the continuing education requirements of section 148.7812;
(5) the athletic trainer's signature on a statement that a current copy of the protocol form is on file at the athletic trainer's primary employment site;
(6) any history of drug or alcohol abuse, and any misdemeanor or felony conviction; and
(7) any disciplinary action on any credential held in this state or in another jurisdiction.
The board shall annually send out a renewal notice to an athletic trainer's last known address on file with the board. The notice shall include an application for license renewal and notice of the fees required for renewal. An athletic trainer who does not receive a renewal notice must still meet the requirements for license renewal under this section.
(a) An application for renewal of licensure must be postmarked on or before July 1 of each year. If the postmark is illegible, the application is considered timely if received in the board office by the third working day after July 1.
(b) An application for renewal of licensure submitted after the deadline date must include a late fee under section 148.7815.
(a) In order to regain licensed status, an athletic trainer whose license has lapsed for two years or less must:
(1) apply for license renewal under subdivision 1;
(2) document compliance with the continuing education requirements in section 148.7812 since the athletic trainer's initial licensure or last renewal; and
(3) submit the fees required by section 148.7815 for the period the athletic trainer was not licensed, including the fee for late renewal.
(b) The board shall not renew, reissue, reinstate, or restore a license that has lapsed after June 30, 1999, and has not been renewed within two annual renewal cycles starting July 1, 2001. An athletic trainer whose license is canceled for nonrenewal must obtain a new license by applying for licensure and fulfilling all requirements then in existence for an initial license.
148.7808 LICENSURE; REQUIREMENTS.
The board may issue an athletic trainer license to applicants who meet the requirements under this section. An applicant for licensure as an athletic trainer shall:
(1) pay a fee under section 148.7815;
(2) file a written application on a form, provided by the board, that includes:
(i) the applicant's name, Social Security number, home address and telephone number, business address and telephone number, and business setting;
(ii) evidence satisfactory to the board of current national credentialing as a certified athletic trainer by the Board of Certification for the Athletic Trainer or its recognized successor;
(iii) educational background;
(iv) credentials held in this state or in other jurisdictions;
(v) a description of any jurisdiction's refusal to credential the applicant;
(vi) a description of all professional disciplinary actions initiated against the applicant in any jurisdiction;
(vii) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
(viii) additional information as requested by the board;
(ix) the applicant's signature on a statement that the information in the application is true and correct to the best of the applicant's knowledge and belief; and
(x) the applicant's signature on a waiver authorizing the board to obtain access to the applicant's records in this state or any other state in which the applicant has completed an education program approved by the board, engaged in the practice of athletic training, or held other professional credentials;
(3) if the applicant holds or has held a credential as an athletic trainer in another jurisdiction, provide verification from the credentialing body in each jurisdiction that the applicant holds or has held a credential for the practice of athletic training; and
(4) if the applicant holds or has held a credential as another health professional in this state or another jurisdiction, provide verification from the credentialing body for that profession that the applicant holds or has held a credential for the practice of that profession.
[Repealed, 2014 c 291 art 4 s 59]
MS 2016 [Repealed, 2018 c 143 s 26]
MS 2016 [Repealed, 2018 c 143 s 26]
MS 2016 [Repealed, 2018 c 143 s 26]
148.7810 BOARD ACTION ON APPLICATIONS.
The board or advisory council, with the approval of the board, may verify information provided by an applicant for licensure under section 148.7808 and license renewal under section 148.7809 to determine whether the information is accurate and complete.
Within 120 days of receipt of the application, the board shall notify each applicant in writing of the action taken on the application.
An applicant denied licensure shall be notified of the determination, and the grounds for it, and may request a hearing on the determination under Minnesota Rules, part 5615.0300, by filing a written statement of issues with the board within 20 days after receipt of the notice from the board. After the hearing, the board shall notify the applicant in writing of its decision.
148.7806 ATHLETIC TRAINING.
Athletic training by a licensed athletic trainer under section 148.7808 includes the activities described in paragraphs (a) to (e).
(a) An athletic trainer shall:
(1) prevent, recognize, and evaluate athletic injuries;
(2) give emergency care and first aid;
(3) manage and treat athletic injuries; and
(4) rehabilitate and physically recondition athletic injuries.
The athletic trainer may use modalities such as cold, heat, light, sound, electricity, exercise, and mechanical devices for treatment and rehabilitation of athletic injuries to athletes in the primary employment site.
(b) The primary physician shall establish evaluation and treatment protocols to be used by the athletic trainer. The primary physician shall record the protocols on a form prescribed by the board. The protocol form must be updated yearly at the athletic trainer's license renewal time and kept on file by the athletic trainer.
(c) At the primary employment site, except in a corporate setting, an athletic trainer may evaluate and treat an athlete for an athletic injury not previously diagnosed for not more than 30 days, or a period of time as designated by the primary physician on the protocol form, from the date of the initial evaluation and treatment. Preventative care after resolution of the injury is not considered treatment. This paragraph does not apply to a person who is referred for treatment by a person licensed in this state to practice medicine as defined in section 147.081, to practice chiropractic as defined in section 148.01, to practice podiatry as defined in section 153.01, or to practice dentistry as defined in section 150A.05 and whose license is in good standing.
(d) An athletic trainer may:
(1) organize and administer an athletic training program including, but not limited to, educating and counseling athletes;
(2) monitor the signs, symptoms, general behavior, and general physical response of an athlete to treatment and rehabilitation including, but not limited to, whether the signs, symptoms, reactions, behavior, or general response show abnormal characteristics; and
(3) make suggestions to the primary physician or other treating provider for a modification in the treatment and rehabilitation of an injured athlete based on the indicators in clause (2).
(e) In a clinical, corporate, and physical therapy setting, when the service provided is, or is represented as being, physical therapy, an athletic trainer may work only under the direct supervision of a physical therapist as defined in section 148.65.
148.7814 APPLICABILITY.
Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic trainers by the Board of Certification or the board's recognized successor and come into Minnesota for a specific athletic event or series of athletic events with an individual or group.
148.7812 CONTINUING EDUCATION REQUIREMENTS.
An athletic trainer shall meet the professional development requirements of the Board of Certification for the Athletic Trainer in order to maintain Board of Certification for the Athletic Trainer certification. These requirements may be met through a board-approved continuing education program.
The board shall approve a continuing education program that has been approved for maintenance of competence by the Board of Certification for the Athletic Trainer or its recognized successor.
MS 2016 [Repealed, 2018 c 143 s 26]
The board shall periodically select a random sample of athletic trainers and require the athletic trainers to show evidence to the board of having completed the continuing education requirements attested to by the athletic trainer. Either the athletic trainer or state or national organizations that maintain continuing education records may provide to the board documentation of attendance at a continuing education program.
MS 2016 [Repealed, 2018 c 143 s 26]
148.7807 LIMITATIONS ON PRACTICE.
If an athletic trainer determines that a patient's medical condition is beyond the scope of practice of that athletic trainer, the athletic trainer must refer the patient to a person licensed in this state to practice medicine as defined in section 147.081, to practice chiropractic as defined in section 148.01, to practice podiatry as defined in section 153.01, or to practice dentistry as defined in section 150A.05 and whose license is in good standing and in accordance with established evaluation and treatment protocols. An athletic trainer shall modify or terminate treatment of a patient that is not beneficial to the patient, or that is not tolerated by the patient.
148.7811 CHANGE OF ADDRESS.
A licensed athletic trainer must notify the board, in writing, within 30 days of a change of address.
148.7813 DISCIPLINARY PROCESS.
[Repealed, 2014 c 291 art 4 s 59]
[Repealed, 2014 c 291 art 4 s 59]
[Repealed, 2014 c 291 art 4 s 59]
[Repealed, 2014 c 291 art 4 s 59]
For the purposes of this chapter, licensed athletic trainers and applicants are subject to sections 147.091 to 147.162.
148.7815 FEES.
(a) The board shall establish fees as follows:
(1) application fee, $50;
(2) annual license fee, $100;
(3) athletic trainer certification fee, $25;
(4) athletic trainer duplicate license fee, $20;
(5) late fee, $15;
(6) duplicate license or registration fee, $20;
(7) certification letter fee, $25;
(8) verification fee, $25;
(9) education or training program approval fee, $100;
(10) report creation and generation fee, $60 per hour billed in quarter-hour increments with a quarter-hour minimum; and
(11) examination administrative fee:
(i) half day, $50; and
(ii) full day, $80.
(b) The revenue generated from the fees must be deposited in an account in the state government special revenue fund.
The board may prorate the initial annual fee for licensure under section 148.7808. Athletic trainers licensed under section 148.7808 are required to pay the full fee upon license renewal.
The penalty for late submission of a license renewal application under section 148.7809 is $15.
The fees in this section are nonrefundable.
148.881 DECLARATION OF POLICY.
The practice of psychology in Minnesota affects the public health, safety, and welfare. The regulations in the Minnesota Psychology Practice Act as enforced by the Board of Psychology protect the public through licensure and regulation to promote access to safe, ethical, and competent psychological services.
148.88 CITATION.
Sections 148.88 to 148.98 and the rules adopted under them shall be cited as the "Minnesota Psychology Practice Act."
148.90 BOARD OF PSYCHOLOGY.
(a) The Board of Psychology is created with the powers and duties described in this section. The board has 11 members who consist of:
(1) four individuals licensed as licensed psychologists who have doctoral degrees in psychology;
(2) two individuals licensed as licensed psychologists who have master's degrees in psychology;
(3) two psychologists, not necessarily licensed, who have doctoral degrees in psychology representing different training programs in psychology; and
(4) three public members.
(b) After the date on which fewer than 30 percent of the individuals licensed by the board as licensed psychologists qualify for licensure under section 148.907, subdivision 3, paragraph (b), vacancies filled under paragraph (a), clause (2), shall be filled by an individual with either a master's or doctoral degree in psychology licensed or qualified to be licensed as a licensed psychologist.
(c) After the date on which fewer than 15 percent of the individuals licensed by the board as licensed psychologists qualify for licensure under section 148.907, subdivision 3, paragraph (b), vacancies under paragraph (a), clause (2), shall be filled by an individual with either a master's or doctoral degree in psychology licensed or qualified to be licensed as a licensed psychologist.
(a) The members of the board shall:
(1) be appointed by the governor;
(2) be residents of the state;
(3) serve for not more than two consecutive terms;
(4) designate the officers of the board; and
(5) administer oaths pertaining to the business of the board.
(b) A public member of the board shall represent the public interest and shall not:
(1) be a psychologist or have engaged in the practice of psychology;
(2) be an applicant or former applicant for licensure;
(3) be a member of another health profession and be licensed by a health-related licensing board as defined under section 214.01, subdivision 2; the commissioner of health; or licensed, certified, or registered by another jurisdiction;
(4) be a member of a household that includes a psychologist; or
(5) have conflicts of interest or the appearance of conflicts with duties as a board member.
(c) At the time of their appointments, at least two members of the board must reside outside of the seven-county metropolitan area.
(d) At the time of their appointments, at least two members of the board 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.
Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements shall be as provided in chapter 214. The provision of staff, administrative services and office space; the review and processing of complaints; the setting of board fees; and other activities relating to board operations shall be conducted according to chapter 214.
[Repealed, 1975 c 136 s 77]
[Repealed, 1975 c 136 s 77]
148.905 DUTIES OF THE BOARD.
The board shall:
(1) adopt and enforce rules for licensing psychologists and for regulating their professional conduct;
(2) adopt and enforce rules of conduct governing the practice of psychology;
(3) adopt and implement rules for examinations which shall be held at least once a year to assess applicants' knowledge and skills. The examinations may be written or oral or both, and may be administered by the board or by institutions or individuals designated by the board. Before the adoption and implementation of a new national examination, the board must consider whether the examination:
(i) demonstrates reasonable reliability and external validity;
(ii) is normed on a reasonable representative and diverse national sample; and
(iii) is intended to assess an applicant's education, training, and experience for the purpose of public protection;
(4) issue licenses to individuals qualified under sections 148.907, 148.909, 148.915, and 148.916, according to the procedures for licensing in Minnesota Rules;
(5) issue copies of the rules for licensing to all applicants;
(6) establish and maintain annually a register of current licenses;
(7) establish and collect fees for the issuance and renewal of licenses and other services by the board. Fees shall be set to defray the cost of administering the provisions of sections 148.88 to 148.98 including costs for applications, examinations, enforcement, materials, and the operations of the board;
(8) educate the public on the requirements for licenses issued by the board and on the rules of conduct;
(9) enable the public to file complaints against applicants or licensees who may have violated the Psychology Practice Act;
(10) adopt and implement requirements for continuing education; and
(11) establish or approve programs that qualify for professional psychology continuing educational credit. The board may hire consultants, agencies, or professional psychological associations to establish and approve continuing education courses.
The board may adopt rules necessary to define standards or to carry out the provisions of sections 148.88 to 148.98. Rules shall be adopted according to chapter 14.
148.9077 RELICENSURE.
A former licensee may apply to the board for licensure after complying with all laws and rules required for applicants for licensure that were in effect on the date the initial Minnesota license was granted. The former licensee must verify to the board that the former licensee has not engaged in the practice of psychology in this state since the last date of active licensure, except as permitted under statutory licensure exemption, and must submit a fee for relicensure.
148.909 LICENSURE FOR VOLUNTEER PRACTICE.
Retired providers who are or were licensed, certified, or registered to practice psychology in any jurisdiction may apply to the board for licensure to practice psychology as a licensed psychologist-volunteer provided the applicant meets the following requirements and the requirements in subdivision 2:
(1) submits to the board a notarized application for licensure as a licensed psychologist-volunteer;
(2) is of good moral character and has no complaints or corrective or disciplinary action pending in any jurisdiction;
(3) if not currently licensed by the board, passes the most recent version of the professional responsibility examination administered by the board and pays the fee associated with sitting for the examination; and
(4) pays the nonrefundable fee for licensure established in subdivision 8.
An applicant who was formerly licensed by the board must meet the education, training, and experience requirements that were in place at the time of the original license. An applicant who was not formerly licensed by the board must meet the current requirements for licensure.
A provider licensed under this section shall only provide psychological services on a pro bono basis and shall not receive a commission, rebate, or remuneration, directly or indirectly, except that a provider may accept reimbursement for reasonable expenses incurred due to the provision of volunteer psychological services.
A provider licensed under this section shall receive a license documenting that they are licensed for volunteer practice.
In addition to the descriptions allowed in section 148.96, providers granted licensure under this section shall use the designation "LP-V" to designate licensed psychologist-volunteer.
Providers licensed under this section who request to return to their previous licensure status may do so upon submission of a written application provided by the board and payment of the applicable licensure fee. Providers may not concurrently hold a license as a licensed psychologist and a license as a licensed psychologist-volunteer.
[Repealed, 1Sp2017 c 6 art 11 s 56]
The fee for licensure as a licensed psychologist-volunteer shall be 50 percent of the fee for licensure as a licensed psychologist. A provider licensed under this section shall not be subject to special board fees.
A provider licensed under this section is subject to all of the provisions in the Minnesota Psychology Practice Act, violation of which is grounds for disciplinary action in accordance with section 148.941.
148.915 RECIPROCITY.
(a) The board may grant a license to an applicant who meets the following requirements:
(1) submits to the board a notarized application for licensure as a licensed psychologist by reciprocity;
(2) at the time of application, is licensed, certified, or registered to practice psychology in another state or jurisdiction, and has been for at least two consecutive years immediately preceding the date of application;
(3) has a doctoral degree in psychology, which formed the basis for current licensure in another state or jurisdiction;
(4) is of good moral character and has no pending complaints or active disciplinary or corrective actions in any jurisdiction; and
(5) passes the Professional Responsibility Examination administered by the board and pays the fee associated with sitting for the examination.
(b) If by the laws of any state or the rulings or decisions of the appropriate officers or boards thereof, any burden, obligation, requirement, disqualification, or disability is put upon licensed psychologists licensed and in good standing in this state, affecting the right of these licensed psychologists to be registered or licensed in that state, then the same or like burden, obligation, requirement, disqualification, or disability may be put upon the licensure in this state of licensed psychologists licensed in that state.
148.9105 EMERITUS REGISTRATION.
Retired providers who are licensed or were formerly licensed to practice psychology in the state according to the Minnesota Psychology Practice Act may apply to the board for psychologist emeritus registration if they declare that they are retired from the practice of psychology in Minnesota, have not been the subject of disciplinary action in any jurisdiction, and have no unresolved complaints in any jurisdiction. Retired providers shall complete the necessary forms provided by the board and pay a onetime, nonrefundable fee of $150 at the time of application.
Emeritus registration is not a license to provide psychological services as defined in the Minnesota Psychology Practice Act. The registrant shall not engage in the practice of psychology.
Emeritus registrants who request a change to active licensure status shall meet the requirements for relicensure following termination in the Minnesota Psychology Practice Act. Master's level emeritus registrants who request licensure at the doctoral level shall comply with current licensure requirements.
A provider granted emeritus registration shall receive a document certifying that emeritus status has been granted by the board and that the registrant has completed the registrant's active career as a psychologist licensed in good standing with the board.
In addition to the descriptions allowed in section 148.96, subdivision 3, paragraph (e), former licensees who have been granted emeritus registration may represent themselves as "psychologist emeritus" but shall not represent themselves or allow themselves to be represented to the public as "licensed" or otherwise as current licensees of the board.
The continuing education requirements of the Minnesota Psychology Practice Act do not apply to emeritus registrants.
An emeritus registrant is not subject to license renewal or special fees.
148.911 CONTINUING EDUCATION.
(a) Upon application for license renewal, a licensee shall provide the board with satisfactory evidence that the licensee has completed continuing education requirements established by the board. Continuing education programs shall be approved under section 148.905, subdivision 1, clause (10). The board shall establish by rule the number of continuing education training hours required each year and may specify subject or skills areas that the licensee shall address.
(b) At least four of the required continuing education hours must be on increasing the knowledge, understanding, self-awareness, and practice skills to competently address the psychological needs of individuals 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;
(4) understanding cultural humility; and
(5) understanding human diversity, meaning individual client differences that are associated with the client's cultural group, including race, ethnicity, national origin, religious affiliation, language, age, gender, gender identity, physical and mental capabilities, sexual orientation, and socioeconomic status.
148.965 TEST SECURITY.
Notwithstanding section 144.292, subdivisions 2 and 5, a provider shall not be required to provide copies of psychological tests, test materials, or scoring keys to any individual who has completed a test, or to an individual not qualified to administer, score, and interpret the test, if the provider reasonably determines that access would compromise the objectivity, fairness, or integrity of the testing process for the individual or others. If the provider makes this determination, the provider shall, at the discretion of the individual who has completed the test, release the information either to another provider who is qualified to administer, score, and interpret the test or instead furnish a summary of the test results to the individual or to a third party designated by the individual.
148.975 DUTY TO WARN; LIMITATION ON LIABILITY; VIOLENT BEHAVIOR OF PATIENT.
(a) The definitions in this subdivision apply to this section.
(b) "Other person" means an immediate family member or someone who personally knows the client and has reason to believe the client is capable of and will carry out the serious, specific threat of harm to a specific, clearly identified or identifiable victim.
(c) "Reasonable efforts" means communicating the serious, specific threat to the potential victim and if unable to make contact with the potential victim, communicating the serious, specific threat to the law enforcement agency closest to the potential victim or the client.
(d) For purposes of this section, "licensee" includes practicum psychology students, predoctoral psychology interns, and individuals who have earned a doctoral degree in psychology and are in the process of completing their postdoctoral supervised psychological employment in order to qualify for licensure.
The duty to predict, warn of, or take reasonable precautions to provide protection from, violent behavior arises only when a client or other person has communicated to the licensee a specific, serious threat of physical violence against a specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty is discharged by the licensee if reasonable efforts, as defined in subdivision 1, paragraph (c), are made to communicate the threat.
If no duty to warn exists under subdivision 2, then no monetary liability and no cause of action may arise against a licensee for failure to predict, warn of, or take reasonable precautions to provide protection from, a client's violent behavior.
Good faith compliance with the duty to warn shall not constitute a breach of confidence and shall not result in monetary liability or a cause of action against the licensee.
Nothing in subdivision 2 shall be construed to authorize a licensee to terminate treatment of a client as a direct result of a client's violent behavior or threat of physical violence unless the client is referred to another practitioner or appropriate health care facility.
This section does not apply to a threat to commit suicide or other threats by a client to harm the client, or to a threat by a client who is adjudicated mentally ill and dangerous under chapter 253B.
Nothing in section 148.975 shall be construed to prohibit a licensee from disclosing confidences to third parties in a good faith effort to warn against or take precautions against a client's violent behavior or threat to commit suicide for which a duty to warn does not arise.
No monetary liability and no cause of action, or disciplinary action by the board may arise against a licensee for disclosure of confidences to third parties, for failure to disclose confidences to third parties, or for erroneous disclosure of confidences to third parties in a good faith effort to warn against or take precautions against a client's violent behavior or threat of suicide for which a duty to warn does not arise.
148.952 IMMUNITY.
(a) Any person, health care facility, business, or organization is immune from civil liability and criminal prosecution for reporting in good faith to the board violations or alleged violations of the Psychology Practice Act.
(b) Any person, health care facility, business, or organization is immune from civil liability and criminal prosecution for cooperating with the board in good faith in the investigation of violations or alleged violations of the Psychology Practice Act.
(c) Consultants, advisors, and experts retained by the board for the investigation of alleged violations and for the preparation, presentation, and provision of testimony pertaining to allegations, charges, or violations of the Psychology Practice Act are immune from civil liability and criminal prosecution for any actions, transactions, or publications made in good faith in the execution of, or relating to, their duties on behalf of the board.
(d) Paragraphs (a) and (b) do not apply to a person whose report pertains to the person's own conduct.
148.96 PRESENTATION TO PUBLIC.
All licensees, when representing themselves in activities relating to the practice of psychology, including in written materials or advertising, shall identify the academic degree upon which their licensure is based, as well as their level of licensure. Individuals licensed on the basis of the equivalent of a master's degree in a doctoral program shall similarly use the designation "M. Eq." to identify the educational status on which their licensure is based, as well as their level of licensure.
At the initial meeting, a licensee shall display or make available to each new client accurate information about the qualifications and competencies of the licensee, in accordance with regulations of the board.
(a) Unless licensed under sections 148.88 to 148.98, except as provided in paragraphs (b) through (e), persons shall not represent themselves or permit themselves to be represented to the public by:
(1) using any title or description of services incorporating the words "psychology," "psychological," "psychological practitioner," or "psychologist"; or
(2) representing that the person has expert qualifications in an area of psychology.
(b) Psychologically trained individuals who are employed by an educational institution recognized by a regional accrediting organization, by a federal, state, county, or local government institution, agency, or research facility, may represent themselves by the title designated by that organization provided that the title does not indicate that the individual is credentialed by the board.
(c) A psychologically trained individual from an institution described in paragraph (b) may offer lecture services and is exempt from the provisions of this section.
(d) A person who is preparing for the practice of psychology under supervision in accordance with board statutes and rules may be designated as a "psychological intern," "psychology fellow," "psychological trainee," or by other terms clearly describing the person's training status.
(e) Former licensees who are completely retired from the practice of psychology may represent themselves using the descriptions in paragraph (a), clauses (1) and (2), but shall not represent themselves or allow themselves to be represented as current licensees of the board.
[Repealed, 1Sp2017 c 6 art 11 s 56]
[Repealed, 1Sp2017 c 6 art 11 s 56]
148.98 RULES OF CONDUCT.
The board shall adopt rules of conduct to govern an applicant's or licensee's practices or behavior. The board shall publish the rules in the State Register and file the rules with the secretary of state at least 30 days prior to the effective date of the rules. The rules of conduct shall include, but are not limited to, the principles in paragraphs (a) to (c).
(a) Applicants or licensees shall recognize the boundaries of their competence and the limitations of their techniques and shall not offer services or use techniques that fail to meet usual and customary professional standards.
(b) An applicant or licensee who engages in practice shall assist clients in obtaining professional help for all important aspects of the client's problems that fall outside the boundaries of the applicant's or licensee's competence.
(c) Applicants or licensees shall not claim either directly or by implication professional qualifications that differ from their actual qualifications, nor shall they misrepresent their affiliations with any institution, organization, or individual, nor lead others to assume affiliations that do not exist.
148.981 FEES.
The nonrefundable fees for licensure shall be established by the board, not to exceed the following amounts:
(1) application for admission to national standardized examination, $150;
(2) application for professional responsibility examination, $150;
(3) application for licensure as a licensed psychologist, $500;
(4) renewal of license for a licensed psychologist, $500;
(5) late renewal of license for a licensed psychologist, $250;
(6) application for converting from master's to doctoral level licensure, $150;
(7) application for guest licensure, $150;
(8) certificate replacement fee, $25;
(9) mailing and duplication fee, $5;
(10) statute and rule book fee, $10;
(11) verification fee, $20; and
(12) fee for optional preapproval of postdoctoral supervision, $50.
A sponsor applying for approval of a continuing education activity pursuant to Minnesota Rules, part 7200.3830, subpart 2, shall submit with the application a fee to be established by the board, not to exceed $80 for each activity.
148.995 DEFINITIONS.
The definitions in this section apply to sections 148.995 to 148.997.
"Certified doula" means an individual who has received a certification to perform doula services from the International Childbirth Education Association, the Doulas of North America (DONA), the Association of Labor Assistants and Childbirth Educators (ALACE), Birthworks, the Childbirth and Postpartum Professional Association (CAPPA), Childbirth International, the International Center for Traditional Childbearing, Commonsense Childbirth, Inc., Modern Doula Education (MDE), or an organization designated by the commissioner under section 148.9965.
"Commissioner" means the commissioner of health.
"Doula services" means continuous emotional and physical support throughout labor and birth, and intermittently during the prenatal and postpartum periods.
148.996 REGISTRY.
The commissioner of health shall maintain a registry of certified doulas who have met the requirements listed in subdivision 2.
The commissioner shall include on the registry any individual who:
(1) submits an application on a form provided by the commissioner. The form must include the applicant's name, address, and contact information;
(2) submits evidence of maintaining a current certification from one of the organizations listed in section 148.995, subdivision 2, or from an organization designated by the commissioner under section 148.9965; and
(3) pays the fees required under section 148.997.
The commissioner shall conduct a criminal background check by reviewing the Bureau of Criminal Apprehension's website. If the review indicates that an applicant has been engaged in criminal behavior, the commissioner shall indicate this on the registry and provide a link to the Bureau of Criminal Apprehension's website.
Inclusion on the registry maintained by the commissioner is valid for three years, provided the doula meets the requirement in subdivision 2, clause (2), during the entire period. At the end of the three-year period, the certified doula may submit a new application to remain on the doula registry by meeting the requirements described in subdivision 2.
The commissioner shall provide a link to the registry on the Department of Health's website.
(a) If the commissioner determines that a doula included on the registry does not meet the requirement in subdivision 2, clause (2), the commissioner shall notify the affected doula that the doula no longer meets the requirement in subdivision 2, clause (2), specify steps the doula must take to maintain inclusion on the registry, and specify the effect of failing to take such steps. The commissioner must provide this notice by first class mail to the address on file with the commissioner for the affected doula.
(b) Following the provision of notice under paragraph (a), the commissioner shall remove from the registry any doula who no longer meets the requirement in subdivision 2, clause (2), and who does not take the steps specified by the commissioner to maintain inclusion on the registry.