1.1.................... moves to amend H.F. No. 2555, the fourth engrossment, as follows:
1.2Page 14, after line 25, insert:


1.5    Section 1. [148F.001] SCOPE.
1.6This chapter applies to all applicants and licensees, all persons who use the title
1.7alcohol and drug counselor, and all persons in or out of this state who provide alcohol
1.8and drug counseling services to clients who reside in this state unless there are specific
1.9applicable exemptions provided by law.

1.10    Sec. 2. [148F.010] DEFINITIONS.
1.11    Subdivision 1. Scope. For purposes of this chapter, the terms in this section have
1.12the meanings given.
1.13    Subd. 2. Abuse. "Abuse" means a maladaptive pattern of substance use leading to
1.14clinically significant impairment or distress, as manifested by one or more of the following
1.15occurring at any time during the same 12-month period:
1.16(1) recurrent substance use resulting in a failure to fulfill major role obligations at
1.17work, school, or home;
1.18(2) recurrent substance use in situations in which it is physically hazardous;
1.19(3) recurrent substance-related legal problems; and
1.20(4) continued substance use despite having persistent or recurrent social or
1.21interpersonal problems caused or exacerbated by the effects of the substance.
1.22    Subd. 3. Accredited school or educational program. "Accredited school or
1.23educational program" means a school of alcohol and drug counseling, university, college,
1.24or other postsecondary education program that, at the time the student completes
1.25the program, is accredited by a regional accrediting association whose standards are
2.1substantially equivalent to those of the North Central Association of Colleges and
2.2Postsecondary Education Institutions or an accrediting association that evaluates schools
2.3of alcohol and drug counseling for inclusion of the education, practicum, and core function
2.4standards in this chapter.
2.5    Subd. 4. Alcohol and drug counseling practicum. "Alcohol and drug counseling
2.6practicum" means formal experience gained by a student and supervised by a person either
2.7licensed under this chapter or exempt under its provisions, as part of an accredited school
2.8or educational program of alcohol and drug counseling.
2.9    Subd. 5. Alcohol and drug counselor. "Alcohol and drug counselor" means a
2.10person who holds a valid license issued under this chapter to engage in the practice of
2.11alcohol and drug counseling.
2.12    Subd. 6. Applicant. "Applicant" means a person seeking a license or temporary
2.13permit under this chapter.
2.14    Subd. 7. Board. "Board" means the Board of Behavioral Health and Therapy
2.15established in section 148B.51.
2.16    Subd. 8. Client. "Client" means an individual who is the recipient of any of the
2.17alcohol and drug counseling services described in this section. Client also means "patient"
2.18as defined in section 144.291, subdivision 2, paragraph (g).
2.19    Subd. 9. Competence. "Competence" means the ability to provide services within
2.20the practice of alcohol and drug counseling as defined in subdivision 19, that:
2.21(1) are rendered with reasonable skill and safety;
2.22(2) meet minimum standards of acceptable and prevailing practice as described
2.23in section 148F.120; and
2.24(3) take into account human diversity.
2.25    Subd. 10. Core functions. "Core functions" means the following services provided
2.26in alcohol and drug treatment:
2.27(1) "screening" means the process by which a client is determined appropriate and
2.28eligible for admission to a particular program;
2.29(2) "intake" means the administrative and initial assessment procedures for
2.30admission to a program;
2.31(3) "orientation" means describing to the client the general nature and goals of the
2.32program; rules governing client conduct and infractions that can lead to disciplinary
2.33action or discharge from the program; in a nonresidential program, the hours during which
2.34services are available; treatment costs to be borne by the client, if any; and client's rights;
3.1(4) "assessment" means those procedures by which a counselor identifies and
3.2evaluates an individual's strengths, weaknesses, problems, and needs to develop a
3.3treatment plan or make recommendations for level of care placement;
3.4(5) "treatment planning" means the process by which the counselor and the client
3.5identify and rank problems needing resolution; establish agreed upon immediate and
3.6long-term goals; and decide on a treatment process and the sources to be utilized;
3.7(6) "counseling" means the utilization of special skills to assist individuals, families,
3.8or groups in achieving objectives through exploration of a problem and its ramifications;
3.9examination of attitudes and feelings; consideration of alternative solutions; and decision
3.10making;
3.11(7) "case management" means activities that bring services, agencies, resources,
3.12or people together within a planned framework of action toward the achievement of
3.13established goals;
3.14(8) "crisis intervention" means those services which respond to an alcohol or other
3.15drug user's needs during acute emotional or physical distress;
3.16(9) "client education" means the provision of information to clients who are
3.17receiving or seeking counseling concerning alcohol and other drug abuse and the available
3.18services and resources;
3.19(10) "referral" means identifying the needs of the client which cannot be met by the
3.20counselor or agency and assisting the client to utilize the support systems and available
3.21community resources;
3.22(11) "reports and record keeping" means charting the results of the assessment
3.23and treatment plan and writing reports, progress notes, discharge summaries, and other
3.24client-related data; and
3.25(12) "consultation with other professionals regarding client treatment and services"
3.26means communicating with other professionals in regard to client treatment and services
3.27to assure comprehensive, quality care for the client.
3.28    Subd. 11. Credential. "Credential" means a license, permit, certification,
3.29registration, or other evidence of qualification or authorization to engage in the practice of
3.30an occupation in any state or jurisdiction.
3.31    Subd. 12. Dependent on the provider. "Dependent on the provider" means that the
3.32nature of a former client's emotional or cognitive condition and the nature of the services
3.33by the provider are such that the provider knows or should have known that the former
3.34client is unable to withhold consent to sexually exploitative behavior by the provider.
3.35    Subd. 13. Familial. "Familial" means of, involving, related to, or common to a
3.36family member as defined in subdivision 14.
4.1    Subd. 14. Family member or member of the family. "Family member" or
4.2"member of the family" means a spouse, parent, offspring, sibling, grandparent,
4.3grandchild, uncle, aunt, niece, or nephew, or an individual who serves in the role of one of
4.4the foregoing.
4.5    Subd. 15. Group clients. "Group clients" means two or more individuals who are
4.6each a corecipient of alcohol and drug counseling services. Group clients may include,
4.7but are not limited to, two or more family members, when each is the direct recipient of
4.8services, or each client receiving group counseling services.
4.9    Subd. 16. Informed consent. "Informed consent" means an agreement between
4.10a provider and a client that authorizes the provider to engage in a professional activity
4.11affecting the client. Informed consent requires:
4.12(1) the provider to give the client sufficient information so the client is able to decide
4.13knowingly whether to agree to the proposed professional activity;
4.14(2) the provider to discuss the information in language that the client can reasonably
4.15be expected to understand; and
4.16(3) the client's consent to be given without undue influence by the provider.
4.17    Subd. 17. Licensee. "Licensee" means a person who holds a valid license under
4.18this chapter.
4.19    Subd. 18. Practice of alcohol and drug counseling. "Practice of alcohol and
4.20drug counseling" means the observation, description, evaluation, interpretation, and
4.21modification of human behavior by the application of core functions as it relates to the
4.22harmful or pathological use or abuse of alcohol or other drugs. The practice of alcohol
4.23and drug counseling includes, but is not limited to, the following activities, regardless of
4.24whether the counselor receives compensation for the activities:
4.25(1) assisting clients who use alcohol or drugs, evaluating that use, and recognizing
4.26dependency if it exists;
4.27(2) assisting clients with alcohol or other drug problems to gain insight and
4.28motivation aimed at resolving those problems;
4.29(3) providing experienced professional guidance, assistance, and support for the
4.30client's efforts to develop and maintain a responsible functional lifestyle;
4.31(4) recognizing problems outside the scope of the counselor's training, skill, or
4.32competence and referring the client to other appropriate professional services;
4.33(5) diagnosing the level of alcohol or other drug use involvement to determine the
4.34level of care;
4.35(6) individual planning to prevent a return to harmful alcohol or chemical use;
4.36(7) alcohol and other drug abuse education for clients;
5.1(8) consultation with other professionals;
5.2(9) gaining diversity awareness through ongoing training and education; and
5.3(10) providing the above services, as needed, to family members or others who are
5.4directly affected by someone using alcohol or other drugs.
5.5    Subd. 19. Practice foundation. "Practice foundation" means that an alcohol and
5.6drug counseling service or continuing education activity is based upon observations,
5.7methods, procedures, or theories that are generally accepted by the professional
5.8community in alcohol and drug counseling.
5.9    Subd. 20. Private information. "Private information" means any information,
5.10including, but not limited to, client records as defined in section 148F.150, test results,
5.11or test interpretations developed during a professional relationship between a provider
5.12and a client.
5.13    Subd. 21. Provider. "Provider" means a licensee, a temporary permit holder, or an
5.14applicant.
5.15    Subd. 22. Public statement. "Public statement" means any statement,
5.16communication, or representation, by a provider to the public regarding the provider or
5.17the provider's professional services or products. Public statements include, but are not
5.18limited to, advertising, representations in reports or letters, descriptions of credentials
5.19and qualifications, brochures and other descriptions of services, directory listings,
5.20personal resumes or curricula vitae, comments for use in the media, Web sites, grant and
5.21credentialing applications, or product endorsements.
5.22    Subd. 23. Report. "Report" means any written or oral professional communication,
5.23including a letter, regarding a client or subject that includes one or more of the following:
5.24historical data, behavioral observations, opinions, diagnostic or evaluative statements,
5.25or recommendations. The testimony of a provider as an expert or fact witness in a
5.26legal proceeding also constitutes a report. For purposes of this chapter, letters of
5.27recommendation for academic or career purposes are not considered reports.
5.28    Subd. 24. Significant risks and benefits. "Significant risks and benefits" means
5.29those risks and benefits that are known or reasonably foreseeable by the provider,
5.30including the possible range and likelihood of outcomes, and that are necessary for the
5.31client to know in order to decide whether to give consent to proposed services or to
5.32reasonable alternative services.
5.33    Subd. 25. Student. "Student" means an individual who is enrolled in a program in
5.34alcohol and drug counseling at an accredited educational institution, or who is taking an
5.35alcohol and drug counseling course or practicum for credit.
6.1    Subd. 26. Supervisee. "Supervisee" means an individual whose supervision is
6.2required to obtain credentialing by a licensure board or to comply with a board order.
6.3    Subd. 27. Supervisor. "Supervisor" means a licensed alcohol and drug counselor
6.4licensed under this chapter or other licensed professional practicing alcohol and drug
6.5counseling under section 148F.110, who meets the requirements of section 148F.040,
6.6subdivision 3, and who provides supervision to persons seeking licensure under section
6.7148F.025, subdivision 3, paragraph (2), clause (ii).
6.8    Subd. 28. Test. "Test" means any instrument, device, survey, questionnaire,
6.9technique, scale, inventory, or other process which is designed or constructed for the
6.10purpose of measuring, evaluating, assessing, describing, or predicting personality,
6.11behavior, traits, cognitive functioning, aptitudes, attitudes, skills, values, interests,
6.12abilities, or other characteristics of individuals.
6.13    Subd. 29. Unprofessional conduct. "Unprofessional conduct" means any conduct
6.14violating sections 148F.001 to 148F.205, or any conduct that fails to conform to the
6.15minimum standards of acceptable and prevailing practice necessary for the protection
6.16of the public.
6.17    Subd. 30. Variance. "Variance" means board-authorized permission to comply with
6.18a law or rule in a manner other than that generally specified in the law or rule.

6.19    Sec. 3. [148F.015] DUTIES OF THE BOARD.
6.20The board shall:
6.21(1) adopt and enforce rules for licensure and regulation of alcohol and drug
6.22counselors and temporary permit holders, including a standard disciplinary process and
6.23rules of professional conduct;
6.24(2) issue licenses and temporary permits to qualified individuals under sections
6.25148F.001 to 148F.205;
6.26(3) carry out disciplinary actions against licensees and temporary permit holders;
6.27(4) educate the public about the existence and content of the regulations for alcohol
6.28and drug counselor licensing to enable consumers to file complaints against licensees who
6.29may have violated the rules; and
6.30(5) collect nonrefundable license fees for alcohol and drug counselors.

6.31    Sec. 4. [148F.020] DUTY TO MAINTAIN CURRENT INFORMATION.
6.32All individuals licensed as alcohol and drug counselors, all individuals with
6.33temporary permits, and all applicants for licensure must notify the board within 30 days
6.34of the occurrence of any of the following:
7.1(1) a change of name, address, place of employment, and home or business
7.2telephone number; and
7.3(2) a change in any other application information.

7.4    Sec. 5. [148F.025] REQUIREMENTS FOR LICENSURE.
7.5    Subdivision 1. Form; fee. Individuals seeking licensure as a licensed alcohol and
7.6drug counselor shall fully complete and submit a notarized written application on forms
7.7provided by the board together with the appropriate fee in the amount set under section
7.8148F.115. No portion of the fee is refundable.
7.9    Subd. 2. Education requirements for licensure. An applicant for licensure must
7.10submit evidence satisfactory to the board that the applicant has:
7.11(1) received a bachelor's degree from an accredited school or educational program;
7.12and
7.13(2) received 18 semester credits or 270 clock hours of academic course work and
7.14880 clock hours of supervised alcohol and drug counseling practicum from an accredited
7.15school or education program. The course work and practicum do not have to be part of
7.16the bachelor's degree earned under clause (1). The academic course work must be in
7.17the following areas:
7.18(i) an overview of the transdisciplinary foundations of alcohol and drug counseling,
7.19including theories of chemical dependency, the continuum of care, and the process of
7.20change;
7.21(ii) pharmacology of substance abuse disorders and the dynamics of addiction,
7.22including medication-assisted therapy;
7.23(iii) professional and ethical responsibilities;
7.24(iv) multicultural aspects of chemical dependency;
7.25(v) co-occurring disorders; and
7.26(vi) the core functions defined in section 148F.010, subdivision 10.
7.27    Subd. 3. Examination requirements for licensure. (a) To be eligible for licensure,
7.28the applicant must:
7.29(1) satisfactorily pass the International Certification and Reciprocity Consortium
7.30Alcohol and Other Drug Abuse Counselor (IC&RC AODA) written examination adopted
7.31June 2008, or other equivalent examination as determined by the board; or
7.32(2) satisfactorily pass a written examination for licensure as an alcohol and drug
7.33counselor, as determined by the board, and one of the following:
8.1(i) complete a written case presentation and pass an oral examination that
8.2demonstrates competence in the core functions as defined in section 148F.010, subdivision
8.310; or
8.4(ii) complete 2,000 hours of postdegree supervised professional practice under
8.5section 148F.040.

8.6    Sec. 6. [148F.030] RECIPROCITY.
8.7(a) An individual who holds a current license or national certification as an alcohol
8.8and drug counselor from another jurisdiction must file with the board a completed
8.9application for licensure by reciprocity containing the information required in this section.
8.10(b) The applicant must request the credentialing authority of the jurisdiction in
8.11which the credential is held to send directly to the board a statement that the credential
8.12is current and in good standing, the applicant's qualifications that entitled the applicant
8.13to the credential, and a copy of the jurisdiction's credentialing laws and rules that were
8.14in effect at the time the applicant obtained the credential.
8.15(c) The board shall issue a license if the board finds that the requirements which
8.16the applicant met to obtain the credential from the other jurisdiction were substantially
8.17similar to the current requirements for licensure in this chapter and that the applicant is not
8.18otherwise disqualified under section 148F.090.

8.19    Sec. 7. [148F.035] TEMPORARY PERMIT.
8.20(a) The board may issue a temporary permit to practice alcohol and drug counseling
8.21to an individual prior to being licensed under this chapter if the person:
8.22(1) received an associate degree, or an equivalent number of credit hours, completed
8.23880 clock hours of supervised alcohol and drug counseling practicum, and 18 semester
8.24credits or 270 clock hours of academic course work in alcohol and drug counseling from
8.25an accredited school or education program; and
8.26(2) completed academic course work in the following areas:
8.27(i) overview of the transdisciplinary foundations of alcohol and drug counseling,
8.28including theories of chemical dependency, the continuum of care, and the process of
8.29change;
8.30(ii) pharmacology of substance abuse disorders and the dynamics of addiction,
8.31including medication-assisted therapy;
8.32(iii) professional and ethical responsibilities;
8.33(iv) multicultural aspects of chemical dependency;
8.34(v) co-occurring disorders; and
9.1(vi) core functions defined in section 148F.010, subdivision 10.
9.2(b) An individual seeking a temporary permit shall fully complete and submit
9.3a notarized written application on forms provided by the board together with the
9.4nonrefundable temporary permit fee specified in section 148F.115, subdivision 3, clause
9.5(1).
9.6(c) An individual practicing under this section:
9.7(1) must be supervised by a licensed alcohol and drug counselor or other licensed
9.8professional practicing alcohol and drug counseling under section 148F.110, subdivision 1;
9.9(2) is subject to all statutes and rules to the same extent as an individual who is
9.10licensed under this chapter, except the individual is not subject to the continuing education
9.11requirements of section 148F.075; and
9.12(3) must use the title "Alcohol and Drug Counselor-Trainee" or the letters "ADC-T"
9.13in professional activities.
9.14(d)(1) An individual practicing with a temporary permit must submit a renewal
9.15application annually on forms provided by the board with the renewal fee required in
9.16section 148F.115, subdivision 3.
9.17(2) A temporary permit is automatically terminated if not renewed, upon a change in
9.18supervision, or upon the granting or denial by the board of the applicant's application for
9.19licensure as an alcohol and drug counselor.
9.20(3) A temporary permit may be renewed no more than five times.

9.21    Sec. 8. [148F.040] SUPERVISED POSTDEGREE PROFESSIONAL PRACTICE.
9.22    Subdivision 1. Supervision. For the purposes of this section, "supervision" means
9.23documented interactive consultation, which, subject to the limitations of subdivision 4,
9.24paragraph (b), may be conducted in person, by telephone, or by audio or audiovisual
9.25electronic device by a supervisor with a supervisee. The supervision must be adequate to
9.26ensure the quality and competence of the activities supervised. Supervisory consultation
9.27must include discussions on the nature and content of the practice of the supervisee,
9.28including, but not limited to, a review of a representative sample of alcohol and drug
9.29counseling services in the supervisee's practice.
9.30    Subd. 2. Postdegree professional practice. "Postdegree professional practice"
9.31means paid or volunteer work experience and training following graduation from an
9.32accredited school or educational program that involves professional oversight by a
9.33supervisor approved by the board and that satisfies the supervision requirements in
9.34subdivision 4.
10.1    Subd. 3. Supervisor requirements. For the purposes of this section, a supervisor
10.2shall:
10.3(1) be a licensed alcohol and drug counselor or other qualified professional as
10.4determined by the board;
10.5(2) have three years of experience providing alcohol and drug counseling services;
10.6and
10.7(3) have received a minimum of 12 hours of training in clinical and ethical
10.8supervision, which may include course work, continuing education courses, workshops,
10.9or a combination thereof.
10.10    Subd. 4. Supervised practice requirements for licensure. (a) The content of
10.11supervision must include:
10.12(1) knowledge, skills, values, and ethics with specific application to the practice
10.13issues faced by the supervisee, including the core functions in section 148F.010,
10.14subdivision 10;
10.15(2) the standards of practice and ethical conduct, with particular emphasis given to
10.16the counselor's role and appropriate responsibilities, professional boundaries, and power
10.17dynamics; and
10.18(3) the supervisee's permissible scope of practice, as defined in section 148F.010,
10.19subdivision 18.
10.20(b) The supervision must be obtained at the rate of one hour of supervision per 40
10.21hours of professional practice, for a total of 50 hours of supervision. The supervision must
10.22be evenly distributed over the course of the supervised professional practice. At least 75
10.23percent of the required supervision hours must be received in person. The remaining 25
10.24percent of the required hours may be received by telephone or by audio or audiovisual
10.25electronic device. At least 50 percent of the required hours of supervision must be received
10.26on an individual basis. The remaining 50 percent may be received in a group setting.
10.27(c) The supervision must be completed in no fewer than 12 consecutive months
10.28and no more than 36 consecutive months.
10.29(d) The applicant shall include with an application for licensure a verification of
10.30completion of the 2,000 hours of supervised professional practice. Verification must be
10.31on a form specified by the board. The supervisor shall verify that the supervisee has
10.32completed the required hours of supervision according to this section. The supervised
10.33practice required under this section is unacceptable if the supervisor attests that the
10.34supervisee's performance, competence, or adherence to the standards of practice and
10.35ethical conduct has been unsatisfactory.

11.1    Sec. 9. [148F.045] ALCOHOL AND DRUG COUNSELOR TECHNICIAN.
11.2An alcohol and drug counselor technician may perform the screening, intake, and
11.3orientation services described in section 148F.010, subdivision 10, clauses (1), (2), and
11.4(3), while under the direct supervision of a licensed alcohol and drug counselor.

11.5    Sec. 10. [148F.050] LICENSE RENEWAL REQUIREMENTS.
11.6    Subdivision 1. Biennial renewal. A license must be renewed every two years.
11.7    Subd. 2. License renewal notice. At least 60 calendar days before the renewal
11.8deadline date, the board shall mail a renewal notice to the licensee's last known address
11.9on file with the board. The notice must include instructions for accessing an online
11.10application for license renewal, the renewal deadline, and notice of fees required for
11.11renewal. The licensee's failure to receive notice does not relieve the licensee of the
11.12obligation to meet the renewal deadline and other requirements for license renewal.
11.13    Subd. 3. Renewal requirements. (a) To renew a license, a licensee must submit to
11.14the board:
11.15(1) a completed, signed, and notarized application for license renewal;
11.16(2) the renewal fee required under section 148F.115, subdivision 2; and
11.17(3) evidence satisfactory to the board that the licensee has completed 40 clock
11.18hours of continuing education during the preceding two year renewal period that meet the
11.19requirements of section 148F.075.
11.20(b) The application must be postmarked or received by the board by the end of the
11.21day on which the license expires or the following business day if the expiration date
11.22falls on a Saturday, Sunday, or holiday. An application which is not completed, signed,
11.23notarized, or which is not accompanied by the correct fee, is void and must be returned
11.24to the licensee.
11.25    Subd. 4. Pending renewal. If a licensee's application for license renewal is
11.26postmarked or received by the board by the end of the business day on the expiration date
11.27of the license, the licensee may continue to practice after the expiration date while the
11.28application for license renewal is pending with the board.
11.29    Subd. 5. Late renewal fee. If the application for license renewal is postmarked or
11.30received after the expiration date, the licensee shall pay a late fee as specified by section
11.31148F.115, subdivision 5, clause (1), in addition to the renewal fee, before the application
11.32for license renewal will be considered by the board.

11.33    Sec. 11. [148F.055] EXPIRED LICENSE.
12.1    Subdivision 1. Expiration of license. A licensee who fails to submit an application
12.2for license renewal, or whose application for license renewal is not postmarked or received
12.3by the board as required, is not authorized to practice after the expiration date and is
12.4subject to disciplinary action by the board for any practice after the expiration date.
12.5    Subd. 2. Termination for nonrenewal. (a) Within 30 days after the renewal date, a
12.6licensee who has not renewed the license shall be notified by letter sent to the last known
12.7address of the licensee in the board's file that the renewal is overdue and that failure to
12.8pay the current fee and current late fee within 60 days after the renewal date will result in
12.9termination of the license.
12.10(b) The board shall terminate the license of a licensee whose license renewal is at
12.11least 60 days overdue and to whom notification has been sent as provided in paragraph
12.12(a). Failure of a licensee to receive notification is not grounds for later challenge of the
12.13termination. The former licensee shall be notified of the termination by letter within seven
12.14days after the board action, in the same manner as provided in paragraph (a).

12.15    Sec. 12. [148F.060] VOLUNTARY TERMINATION.
12.16A license may be voluntarily terminated by the licensee at any time upon written
12.17notification to the board, unless a complaint is pending against the licensee. The
12.18notification must be received by the board prior to termination of the license for failure to
12.19renew. A former licensee may be licensed again only after complying with the relicensure
12.20following termination requirements under section 148F.065. For purposes of this section,
12.21the board retains jurisdiction over any licensee whose license has been voluntarily
12.22terminated and against whom the board receives a complaint for conduct occurring during
12.23the period of licensure.

12.24    Sec. 13. [148F.065] RELICENSURE FOLLOWING TERMINATION.
12.25    Subdivision 1. Relicensure. For a period of two years, a former licensee whose
12.26license has been voluntarily terminated or terminated for nonrenewal as provided in
12.27section 148F.055, subdivision 2, may be relicensed by completing an application for
12.28relicensure, paying the applicable fee, and verifying that the former licensee has not
12.29engaged in the practice of alcohol and drug counseling in this state since the date of
12.30termination. The verification must be accompanied by a notarized affirmation that the
12.31statement is true and correct to the best knowledge and belief of the former licensee.
12.32    Subd. 2. Continuing education for relicensure. A former licensee seeking
12.33relicensure after license termination must provide evidence of having completed at least
13.120 hours of continuing education activities for each year, or portion thereof, that the
13.2former licensee did not hold a license.
13.3    Subd. 3. Cancellation of license. The board shall not renew, reissue, reinstate,
13.4or restore the license of a former licensee which was terminated for nonrenewal, or
13.5voluntarily terminated, and for which relicensure was not sought for more than two years
13.6from the date the license was terminated for nonrenewal, or voluntarily terminated. A
13.7former licensee seeking relicensure after this two-year period must obtain a new license
13.8by applying for licensure and fulfilling all requirements then in existence for an initial
13.9license to practice alcohol and drug counseling in Minnesota.

13.10    Sec. 14. [148F.070] INACTIVE LICENSE STATUS.
13.11    Subdivision 1. Request for inactive status. Unless a complaint is pending against
13.12the licensee, a licensee whose license is in good standing may request, in writing, that the
13.13license be placed on the inactive list. If a complaint is pending against a licensee, a license
13.14may not be placed on the inactive list until action relating to the complaint is concluded.
13.15The board must receive the request for inactive status before expiration of the license, or
13.16the person must pay the late fee. A licensee may renew a license that is inactive under this
13.17subdivision by meeting the renewal requirements of subdivision 2. A licensee must not
13.18practice alcohol and drug counseling while the license is inactive.
13.19    Subd. 2. Renewal of inactive license. A licensee whose license is inactive must
13.20renew the inactive status by the inactive status expiration date determined by the board,
13.21or the license will expire. An application for renewal of inactive status must include
13.22evidence satisfactory to the board that the licensee has completed 40 clock hours of
13.23continuing education required in section 148F.075. Late renewal of inactive status must be
13.24accompanied by a late fee as required in section 148F.115, subdivision 5, paragraph (2).

13.25    Sec. 15. [148F.075] CONTINUING EDUCATION REQUIREMENTS.
13.26    Subdivision 1. Purpose. (a) The purpose of mandatory continuing education is to
13.27promote the professional development of alcohol and drug counselors so that the services
13.28they provide promote the health and well-being of clients who receive services.
13.29(b) Continued professional growth and maintaining competence in providing alcohol
13.30and drug counseling services are the ethical responsibilities of each licensee.
13.31    Subd. 2. Requirement. Every two years, all licensees must complete a minimum
13.32of 40 clock hours of continuing education activities that meet the requirements in this
13.33section. The 40 clock hours shall include a minimum of nine clock hours on diversity,
13.34and a minimum of three clock hours on professional ethics. Diversity training includes,
14.1but is not limited to, the topics listed in Minnesota Rules, part 4747.1100, subpart 2.
14.2A licensee may be given credit only for activities that directly relate to the practice
14.3of alcohol and drug counseling.
14.4    Subd. 3. Standards for approval. In order to obtain clock hour credit for a
14.5continuing education activity, the activity must:
14.6(1) constitute an organized program of learning;
14.7(2) reasonably be expected to advance the knowledge and skills of the alcohol
14.8and drug counselor;
14.9(3) pertain to subjects that directly relate to the practice of alcohol and drug
14.10counseling;
14.11(4) be conducted by individuals who have education, training, and experience and
14.12are knowledgeable about the subject matter; and
14.13(5) be presented by a sponsor who has a system to verify participation and maintains
14.14attendance records for three years, unless the sponsor provides dated evidence to each
14.15participant with the number of clock hours awarded.
14.16    Subd. 4. Qualifying activities. Clock hours may be earned through the following:
14.17(1) attendance at educational programs of annual conferences, lectures, panel
14.18discussions, workshops, in-service training, seminars, and symposia;
14.19(2) successful completion of college or university courses offered by a regionally
14.20accredited school or education program, if not being taken in order to meet the educational
14.21requirements for licensure under this chapter. The licensee must obtain a grade of at least
14.22a "C" or its equivalent or a pass in a pass/fail course in order to receive the following
14.23continuing education credits:
14.24(i) one semester credit equals 15 clock hours;
14.25(ii) one trimester credit equals 12 clock hours;
14.26(iii) one quarter credit equals 10 clock hours;
14.27(3) successful completion of home study or online courses offered by an accredited
14.28school or education program and that require a licensee to demonstrate knowledge
14.29following completion of the course;
14.30(4) teaching a course at a regionally accredited institution of higher education. To
14.31qualify for continuing education credit, the course must directly relate to the practice of
14.32alcohol and drug counseling, as determined by the board. Continuing education hours may
14.33be earned only for the first time the licensee teaches the course. Ten continuing education
14.34hours may be earned for each semester credit hour taught; or
14.35(5) presentations at workshops, seminars, symposia, meetings of professional
14.36organizations, in-service trainings, or postgraduate institutes. The presentation must be
15.1related to alcohol and drug counseling. A presenter may claim one hour of continuing
15.2education for each hour of presentation time. A presenter may also receive continuing
15.3education hours for development time at the rate of three hours for each hour of
15.4presentation time. Continuing education hours may be earned only for the licensee's
15.5first presentation on the subject developed.
15.6    Subd. 5. Activities not qualifying for continuing education clock hours.
15.7Approval shall not be given for courses that do not meet the requirements of this section
15.8or are limited to the following:
15.9(1) any subject contrary to the rules of professional conduct;
15.10(2) supervision of personnel;
15.11(3) entertainment or recreational activities;
15.12(4) employment orientation sessions;
15.13(5) policy meetings;
15.14(6) marketing;
15.15(7) business;
15.16(8) first aid, CPR, and similar training classes; and
15.17(9) training related to payment systems, including covered services, coding, and
15.18billing.
15.19    Subd. 6. Documentation of reporting compliance. (a) When the licensee applies
15.20for renewal of the license, the licensee must complete and submit an affidavit of continuing
15.21education compliance showing that the licensee has completed a minimum of 40 approved
15.22continuing education clock hours since the last renewal. Failure to submit the affidavit
15.23when required makes the licensee's renewal application incomplete and void.
15.24(b) All licensees shall retain original documentation of completion of continuing
15.25education hours for a period of five years. For purposes of compliance with this section, a
15.26receipt for payment of the fee for the course is not sufficient evidence of completion of the
15.27required hours of continuing education. Information retained shall include:
15.28(1) the continuing education activity title;
15.29(2) a brief description of the continuing education activity;
15.30(3) the sponsor, presenter, or author;
15.31(4) the location and the dates attended;
15.32(5) the number of clock hours; and
15.33(6) the certificate of attendance, if applicable.
15.34(c) Only continuing education obtained during the two-year reporting period may be
15.35considered at the time of reporting.
16.1    Subd. 7. Continuing education audit. (a) At the time of renewal, the board may
16.2randomly audit a percentage of its licensees for compliance with continuing education
16.3requirements.
16.4(b) The board shall mail a notice to a licensee selected for an audit of continuing
16.5education hours. The notice must include the reporting periods selected for audit.
16.6(c) Selected licensees shall submit copies of the original documentation of completed
16.7continuing education hours. Upon specific request, the licensee shall submit original
16.8documentation. Failure to submit required documentation shall result in the renewal
16.9application being considered incomplete and void and constitute grounds for nonrenewal
16.10of the license and disciplinary action.
16.11    Subd. 8. Variance of continuing education requirements. (a) If a licensee is
16.12unable to meet the continuing education requirements by the renewal date, the licensee
16.13may request a time-limited variance to fulfill the requirements after the renewal date. A
16.14licensee seeking a variance is considered to be renewing late and is subject to the late
16.15renewal fee, regardless of when the request is received or whether the variance is granted.
16.16(b) The licensee shall submit the variance request on a form designated by the board,
16.17include the variance fee subject to section 14.056, subdivision 2, and the late fee for
16.18license renewal under section 148F.115. The variance request is subject to the criteria for
16.19rule variances in section 14.055, subdivision 4, and must include a written plan listing
16.20the activities offered to meet the requirement. Hours completed after the renewal date
16.21pursuant to the written plan count toward meeting only the requirements of the previous
16.22renewal period.
16.23(c) A variance granted under this subdivision expires six months after the license
16.24renewal date. A licensee who is granted a variance but fails to complete the required
16.25continuing education within the six-month period may apply for a second variance
16.26according to this subdivision.
16.27(d) If an initial variance request is denied, the license of the licensee shall not be
16.28renewed until the licensee completes the continuing education requirements. If an initial
16.29variance is granted, and the licensee fails to complete the required continuing education
16.30within the six-month period, the license shall be administratively suspended until the
16.31licensee completes the required continuing education, unless the licensee has obtained a
16.32second variance according to paragraph (c).

16.33    Sec. 16. [148F.080] SPONSOR'S APPLICATION FOR APPROVAL.
16.34    Subdivision 1. Content. Individuals, organizations, associations, corporations,
16.35educational institutions, or groups intending to offer continuing education activities for
17.1approval must submit to the board the sponsor application fee and a completed application
17.2for approval on a form provided by the board. The sponsor must comply with the
17.3following to receive and maintain approval:
17.4(1) submit the application for approval at least 60 days before the activity is
17.5scheduled to begin; and
17.6(2) include the following information in the application for approval to enable the
17.7board to determine whether the activity complies with section 148F.075:
17.8(i) a statement of the objectives of the activity and the knowledge the participants
17.9will have gained upon completion of the activity;
17.10(ii) a description of the content and methodology of the activity which will allow the
17.11participants to meet the objectives;
17.12(iii) a description of the method the participants will use to evaluate the activity;
17.13(iv) a list of the qualifications of each instructor or developer that shows the
17.14instructor's or developer's current knowledge and skill in the activity's subject;
17.15(v) a description of the certificate or other form of verification of attendance
17.16distributed to each participant upon successful completion of the activity;
17.17(vi) the sponsor's agreement to retain attendance lists for a period of five years
17.18from the date of the activity; and
17.19(vii) a copy of any proposed advertisement or other promotional literature.
17.20    Subd. 2. Approval expiration. If the board approves an activity it shall assign the
17.21activity a number. The approval remains in effect for one year from the date of initial
17.22approval. Upon expiration, a sponsor must submit a new application for activity approval
17.23to the board as required by subdivision 1.
17.24    Subd. 3. Statement of board approval. Each sponsor of an approved activity shall
17.25include in any promotional literature a statement that "This activity has been approved by
17.26the Minnesota Board of Behavioral Health and Therapy for ... hours of credit."
17.27    Subd. 4. Changes. The activity sponsor must submit proposed changes in an
17.28approved activity to the board for its approval.
17.29    Subd. 5. Denial of approval. The board shall not approve an activity if it does not
17.30meet the continuing education requirements in section 148F.075. The board shall notify
17.31the sponsor in writing of its reasons for denial.
17.32    Subd. 6. Revocation of approval. The board shall revoke its approval of an activity
17.33if a sponsor falsifies information contained in its application for approval, or if a sponsor
17.34fails to notify the board of changes to an approved activity as required in subdivision 4.

17.35    Sec. 17. [148F.085] NONTRANSFERABILITY OF LICENSES.
18.1An alcohol and drug counselor license is not transferable.

18.2    Sec. 18. [148F.090] DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
18.3    Subdivision 1. Grounds. The board may impose disciplinary action as described
18.4in subdivision 2 against an applicant or licensee whom the board, by a preponderance of
18.5the evidence, determines:
18.6(1) has violated a statute, rule, or order that the board issued or is empowered to
18.7enforce;
18.8(2) has engaged in fraudulent, deceptive, or dishonest conduct, whether or not the
18.9conduct relates to the practice of licensed alcohol and drug counseling that adversely
18.10affects the person's ability or fitness to practice alcohol and drug counseling;
18.11(3) has engaged in unprofessional conduct or any other conduct which has the
18.12potential for causing harm to the public, including any departure from or failure to
18.13conform to the minimum standards of acceptable and prevailing practice without actual
18.14injury having to be established;
18.15(4) has been convicted of or has pled guilty or nolo contendere to a felony or other
18.16crime, an element of which is dishonesty or fraud, or has been shown to have engaged
18.17in acts or practices tending to show that the applicant or licensee is incompetent or has
18.18engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness
18.19to engage in the practice of alcohol and drug counseling;
18.20(5) has employed fraud or deception in obtaining or renewing a license, or in
18.21passing an examination;
18.22(6) has had any license, certificate, registration, privilege to take an examination,
18.23or other similar authority denied, revoked, suspended, canceled, limited, or not renewed
18.24for cause in any jurisdiction or has surrendered or voluntarily terminated a license or
18.25certificate during a board investigation of a complaint, as part of a disciplinary order, or
18.26while under a disciplinary order;
18.27(7) has failed to meet any requirement for the issuance or renewal of the person's
18.28license. The burden of proof is on the applicant or licensee to demonstrate the
18.29qualifications or satisfy the requirements for a license under this chapter;
18.30(8) has failed to cooperate with an investigation by the board;
18.31(9) has demonstrated an inability to practice alcohol and drug counseling with
18.32reasonable skill and safety as a result of illness, use of alcohol, drugs, chemicals, or any
18.33other materials, or as a result of any mental, physical, or psychological condition;
19.1(10) has engaged in conduct with a client that is sexual or may reasonably be
19.2interpreted by the client as sexual, or in any verbal behavior that is seductive or sexually
19.3demeaning to a client;
19.4(11) has been subject to a corrective action or similar, nondisciplinary action in
19.5another jurisdiction or by another regulatory authority;
19.6(12) has been adjudicated as mentally incompetent, mentally ill, or developmentally
19.7disabled or as a chemically dependent person, a person dangerous to the public, a sexually
19.8dangerous person, or a person who has a sexual psychopathic personality by a court
19.9of competent jurisdiction within this state or an equivalent adjudication from another
19.10state. Adjudication automatically suspends a license for the duration thereof unless the
19.11board orders otherwise;
19.12(13) fails to comply with a client's request for health records made under sections
19.13144.291 to 144.298, or to furnish a client record or report required by law;
19.14(14) has engaged in abusive or fraudulent billing practices, including violations of
19.15the federal Medicare and Medicaid laws or state medical assistance laws; or
19.16(15) has engaged in fee splitting. This clause does not apply to the distribution
19.17of revenues from a partnership, group practice, nonprofit corporation, or professional
19.18corporation to its partners, shareholders, members, or employees if the revenues consist
19.19only of fees for services performed by the licensee or under a licensee's administrative
19.20authority. Fee splitting includes, but is not limited to:
19.21(i) dividing fees with another person or a professional corporation, unless the
19.22division is in proportion to the services provided and the responsibility assumed by
19.23each professional;
19.24(ii) referring a client to any health care provider as defined in sections 144.291 to
19.25144.298 in which the referring licensee has a significant financial interest, unless the
19.26licensee has disclosed in advance to the client the licensee's own financial interest; or
19.27(iii) paying, offering to pay, receiving, or agreeing to receive a commission, rebate,
19.28or remuneration, directly or indirectly, primarily for the referral of clients.
19.29    Subd. 2. Forms of disciplinary action. If grounds for disciplinary action exist
19.30under subdivision 1, the board may take one or more of the following actions;
19.31(1) refuse to grant or renew a license;
19.32(2) revoke a license;
19.33(3) suspend a license;
19.34(4) impose limitations or conditions on a licensee's practice of alcohol and drug
19.35counseling, including, but not limited to, limiting the scope of practice to designated
19.36competencies, imposing retraining or rehabilitation requirements, requiring the licensee to
20.1practice under supervision, or conditioning continued practice on the demonstration of
20.2knowledge or skill by appropriate examination or other review of skill and competence;
20.3(5) censure or reprimand the licensee;
20.4(6) impose a civil penalty not exceeding $10,000 for each separate violation,
20.5the amount of the civil penalty to be fixed so as to deprive the applicant or licensee
20.6of any economic advantage gained by reason of the violation charged, to discourage
20.7similar violations or to reimburse the board for the cost of the investigation and
20.8proceeding, including, but not limited to, fees paid for services provided by the Office of
20.9Administrative Hearings, legal and investigative services provided by the Office of the
20.10Attorney General, court reporters, witnesses, reproduction of records, board members' per
20.11diem compensation, board staff time, and travel costs and expenses incurred by board staff
20.12and board members; or
20.13(7) any other action justified by the case.
20.14    Subd. 3. Evidence. In disciplinary actions alleging violations of subdivision 1,
20.15clause (4), (12), or (14), a copy of the judgment or proceedings under the seal of the court
20.16administrator or of the administrative agency that entered the judgment or proceeding
20.17is admissible into evidence without further authentication and constitutes prima facie
20.18evidence of its contents.
20.19    Subd. 4. Temporary suspension. (a) In addition to any other remedy provided by
20.20law, the board may issue an order to temporarily suspend the credentials of a licensee after
20.21conducting a preliminary inquiry to determine if the board reasonably believes that the
20.22licensee has violated a statute or rule that the board is empowered to enforce and whether
20.23continued practice by the licensee would create an imminent risk of harm to others.
20.24(b) The order may prohibit the licensee from engaging in the practice of alcohol
20.25and drug counseling in whole or in part and may condition the end of a suspension on
20.26the licensee's compliance with a statute, rule, or order that the board has issued or is
20.27empowered to enforce.
20.28(c) The order shall give notice of the right to a hearing according to this subdivision
20.29and shall state the reasons for the entry of the order.
20.30(d) Service of the order is effective when the order is served on the licensee
20.31personally or by certified mail, which is complete upon receipt, refusal, or return for
20.32nondelivery to the most recent address of the licensee provided to the board.
20.33(e) At the time the board issues a temporary suspension order, the board shall
20.34schedule a hearing to be held before its own members. The hearing shall begin no later
20.35than 60 days after issuance of the temporary suspension order or within 15 working
20.36days of the date of the board's receipt of a request for hearing by a licensee, on the sole
21.1issue of whether there is a reasonable basis to continue, modify, or lift the temporary
21.2suspension. The hearing is not subject to chapter 14. Evidence presented by the board
21.3or the licensee shall be in affidavit form only. The licensee or counsel of record may
21.4appear for oral argument.
21.5(f) Within five working days of the hearing, the board shall issue its order and, if the
21.6suspension is continued, schedule a contested case hearing within 30 days of the issuance
21.7of the order. Notwithstanding chapter 14, the administrative law judge shall issue a report
21.8within 30 days after closing the contested case hearing record. The board shall issue a
21.9final order within 30 days of receipt of the administrative law judge's report.
21.10    Subd. 5. Automatic suspension. (a) The right to practice is automatically
21.11suspended when:
21.12(1) a guardian of an alcohol and drug counselor is appointed by order of a district
21.13court under sections 524.5-101 to 524.5-502; or
21.14(2) the counselor is committed by order of a district court under chapter 253B.
21.15(b) The right to practice remains suspended until the counselor is restored to capacity
21.16by a court and, upon petition by the counselor, the suspension is terminated by the board
21.17after a hearing or upon agreement between the board and the counselor.
21.18    Subd. 6. Mental, physical, or chemical health evaluation. (a) If the board has
21.19probable cause to believe that an applicant or licensee is unable to practice alcohol and
21.20drug counseling with reasonable skill and safety due to a mental or physical illness or
21.21condition, the board may direct the individual to submit to a mental, physical, or chemical
21.22dependency examination or evaluation.
21.23(1) For the purposes of this section, every licensee and applicant is deemed to
21.24have consented to submit to a mental, physical, or chemical dependency examination or
21.25evaluation when directed in writing by the board and to have waived all objections to the
21.26admissibility of the examining professionals' testimony or examination reports on the
21.27grounds that the testimony or examination reports constitute a privileged communication.
21.28(2) Failure of a licensee or applicant to submit to an examination when directed by
21.29the board constitutes an admission of the allegations against the person, unless the failure
21.30was due to circumstances beyond the person's control, in which case a default and final
21.31order may be entered without the taking of testimony or presentation of evidence.
21.32(3) A licensee or applicant affected under this subdivision shall at reasonable
21.33intervals be given an opportunity to demonstrate that the licensee or applicant can resume
21.34the competent practice of licensed alcohol and drug counseling with reasonable skill
21.35and safety to the public.
22.1(4) In any proceeding under this subdivision, neither the record of proceedings
22.2nor the orders entered by the board shall be used against the licensee or applicant in
22.3any other proceeding.
22.4(b) In addition to ordering a physical or mental examination, the board may,
22.5notwithstanding section 13.384 or 144.291 to 144.298, or any other law limiting access to
22.6medical or other health data, obtain medical data and health records relating to a licensee
22.7or applicant without the licensee's or applicant's consent if the board has probable cause to
22.8believe that subdivision 1, clause (9), applies to the licensee or applicant. The medical
22.9data may be requested from:
22.10(1) a provider, as defined in section 144.291, subdivision 2, paragraph (h);
22.11(2) an insurance company; or
22.12(3) a government agency, including the Department of Human Services.
22.13(c) A provider, insurance company, or government agency must comply with any
22.14written request of the board under this subdivision and is not liable in any action for
22.15damages for releasing the data requested by the board if the data are released pursuant to a
22.16written request under this subdivision, unless the information is false and the provider
22.17giving the information knew, or had reason to believe, the information was false.
22.18(d) Information obtained under this subdivision is private data on individuals as
22.19defined in section 13.02, subdivision 12.

22.20    Sec. 19. [148F.095] ADDITIONAL REMEDIES.
22.21    Subdivision 1. Cease and desist. (a) The board may issue a cease and desist order
22.22to stop a person from violating or threatening to violate a statute, rule, or order which the
22.23board has issued or has authority to enforce. The cease and desist order must state the
22.24reason for its issuance and give notice of the person's right to request a hearing under
22.25sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order
22.26fails to request a hearing in writing, the order is the final order of the board and is not
22.27reviewable by a court or agency.
22.28(b) A hearing must be initiated by the board not later than 30 days from the date
22.29of the board's receipt of a written hearing request. Within 30 days of receipt of the
22.30administrative law judge's report, and any written agreement or exceptions filed by the
22.31parties, the board shall issue a final order modifying, vacating, or making permanent the
22.32cease and desist order as the facts require. The final order remains in effect until modified
22.33or vacated by the board.
22.34(c) When a request for a stay accompanies a timely hearing request, the board may,
22.35in the board's discretion, grant the stay. If the board does not grant a requested stay, the
23.1board shall refer the request to the Office of Administrative Hearings within three working
23.2days of receipt of the request. Within ten days after receiving the request from the board,
23.3an administrative law judge shall issue a recommendation to grant or deny the stay. The
23.4board shall grant or deny the stay within five working days of receiving the administrative
23.5law judge's recommendation.
23.6(d) In the event of noncompliance with a cease and desist order, the board may
23.7institute a proceeding in district court to obtain injunctive relief or other appropriate
23.8relief, including a civil penalty payable to the board, not to exceed $10,000 for each
23.9separate violation.
23.10    Subd. 2. Injunctive relief. In addition to any other remedy provided by law,
23.11including the issuance of a cease and desist order under subdivision 1, the board may in
23.12the board's own name bring an action in district court for injunctive relief to restrain an
23.13alcohol and drug counselor from a violation or threatened violation of any statute, rule, or
23.14order which the board has authority to administer, enforce, or issue.
23.15    Subd. 3. Additional powers. The issuance of a cease and desist order or injunctive
23.16relief granted under this section does not relieve a counselor from criminal prosecution by
23.17a competent authority or from disciplinary action by the board.

23.18    Sec. 20. [148F.100] COOPERATION.
23.19An alcohol and drug counselor who is the subject of an investigation, or who
23.20is questioned in connection with an investigation, by or on behalf of the board, shall
23.21cooperate fully with the investigation. Cooperation includes responding fully to any
23.22question raised by or on behalf of the board relating to the subject of the investigation,
23.23whether tape recorded or not. Challenges to requests of the board may be brought before
23.24the appropriate agency or court.

23.25    Sec. 21. [148F.105] PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
23.26    Subdivision 1. Practice. No person shall engage in alcohol and drug counseling
23.27without first being licensed under this chapter as an alcohol and drug counselor. For
23.28purposes of this chapter, an individual engages in the practice of alcohol and drug
23.29counseling if the individual performs or offers to perform alcohol and drug counseling
23.30services as defined in section 148F.010, subdivision 19, or if the individual is held out as
23.31able to perform those services.
23.32    Subd. 2. Use of titles. (a) No individual shall present themselves or any other
23.33individual to the public by any title incorporating the words "licensed alcohol and drug
23.34counselor," "alcohol and drug counselor," or otherwise hold themselves out to the public
24.1by any title or description stating or implying that they are licensed or otherwise qualified
24.2to practice alcohol and drug counseling, unless that individual holds a valid license.
24.3(b) An individual issued a temporary permit must use titles consistent with section
24.4148F.035, subdivisions 1 and 2, paragraph (c), clause (3).
24.5(c) An individual who is participating in an alcohol and drug counseling practicum
24.6for purposes of licensure by the board may be designated an "alcohol and drug counselor
24.7intern."
24.8(d) Individuals who are trained in alcohol and drug counseling and employed by an
24.9educational institution recognized by a regional accrediting organization, by a federal,
24.10state, county, or local government institution, by agencies, or research facilities, may
24.11represent themselves by the titles designated by that organization provided the title does
24.12not indicate the individual is licensed by the board.
24.13    Subd. 3. Penalty. A person who violates sections 148F.001 to 148F.205 is guilty
24.14of a misdemeanor.

24.15    Sec. 22. [148F.110] EXCEPTIONS TO LICENSE REQUIREMENT.
24.16    Subdivision 1. Other professionals. (a) Nothing in this chapter prevents members
24.17of other professions or occupations from performing functions for which they are qualified
24.18or licensed. This exception includes, but is not limited to: licensed physicians; registered
24.19nurses; licensed practical nurses; licensed psychologists and licensed psychological
24.20practitioners; members of the clergy provided such services are provided within the scope
24.21of regular ministries; American Indian medicine men and women; licensed attorneys;
24.22probation officers; licensed marriage and family therapists; licensed social workers; social
24.23workers employed by city, county, or state agencies; licensed professional counselors;
24.24licensed professional clinical counselors; licensed school counselors; registered
24.25occupational therapists or occupational therapy assistants; Upper Midwest Indian Council
24.26on Addictive Disorders (UMICAD) certified counselors when providing services to
24.27Native American people; city, county, or state employees when providing assessments
24.28or case management under Minnesota Rules, chapter 9530; and individuals defined in
24.29section 256B.0623, subdivision 5, clauses (1) and (2), providing integrated dual-diagnosis
24.30treatment in adult mental health rehabilitative programs certified by the Department of
24.31Human Services under section 256B.0622 or 256B.0623.
24.32(b) Nothing in this chapter prohibits technicians and resident managers in programs
24.33licensed by the Department of Human Services from discharging their duties as provided
24.34in Minnesota Rules, chapter 9530.
25.1(c) Any person who is exempt from licensure under this section must not use a
25.2title incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug
25.3counselor" or otherwise hold themselves out to the public by any title or description
25.4stating or implying that they are engaged in the practice of alcohol and drug counseling, or
25.5that they are licensed to engage in the practice of alcohol and drug counseling, unless that
25.6person is also licensed as an alcohol and drug counselor. Persons engaged in the practice
25.7of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the
25.8use of one of the titles in paragraph (a).
25.9    Subd. 2. Students. Nothing in sections 148F.001 to 148F.110 shall prevent students
25.10enrolled in an accredited school of alcohol and drug counseling from engaging in the
25.11practice of alcohol and drug counseling while under qualified supervision in an accredited
25.12school of alcohol and drug counseling.
25.13    Subd. 3. Federally recognized tribes. Alcohol and drug counselors practicing
25.14alcohol and drug counseling according to standards established by federally recognized
25.15tribes, while practicing under tribal jurisdiction, are exempt from the requirements of this
25.16chapter. In practicing alcohol and drug counseling under tribal jurisdiction, individuals
25.17practicing under that authority shall be afforded the same rights, responsibilities, and
25.18recognition as persons licensed under this chapter.

25.19    Sec. 23. [148F.115] FEES.
25.20    Subdivision 1. Application fee. The application fee is $295.
25.21    Subd. 2. Biennial renewal fee. The license renewal fee is $295. If the board
25.22establishes a renewal schedule, and the scheduled renewal date is less than two years,
25.23the fee may be prorated.
25.24    Subd. 3. Temporary permit fee. Temporary permit fees are as follows:
25.25(1) initial application fee is $100; and
25.26(2) annual renewal fee is $150. If the initial term is less or more than one year,
25.27the fee may be prorated.
25.28    Subd. 4. Inactive license renewal fee. The inactive license renewal fee is $150.
25.29    Subd. 5. Late fees. Late fees are as follows:
25.30(1) biennial renewal late fee is $74;
25.31(2) inactive license renewal late fee is $37; and
25.32(3) annual temporary permit late fee is $37.
25.33    Subd. 6. Fee to renew after expiration of license. The fee for renewal of a license
25.34that has been expired for less than two years is the total of the biennial renewal fee in
25.35effect at the time of late renewal and the late fee.
26.1    Subd. 7. Fee for license verification. The fee for license verification is $25.
26.2    Subd. 8. Surcharge fee. Notwithstanding section 16A.1285, subdivision 2, a
26.3surcharge of $99 shall be paid at the time of initial application for or renewal of an alcohol
26.4and drug counselor license until June 30, 2013.
26.5    Subd. 9. Sponsor application fee. The fee for a sponsor application for approval
26.6of a continuing education course is $60.
26.7    Subd. 10. Order or stipulation fee. The fee for a copy of a board order or
26.8stipulation is $10.
26.9    Subd. 11. Duplicate certificate fee. The fee for a duplicate certificate is $25.
26.10    Subd. 12. Supervisor application processing fee. The fee for licensure supervisor
26.11application processing is $30.
26.12    Subd. 13. Nonrefundable fees. All fees in this section are nonrefundable.

26.13    Sec. 24. [148F.120] CONDUCT.
26.14    Subdivision 1. Scope. Sections 148F.120 to 148F.205 apply to the conduct of all
26.15alcohol and drug counselors, licensees, and applicants, including conduct during the
26.16period of education, training, and employment that is required for licensure.
26.17    Subd. 2. Purpose. Sections 148F.120 to 148F.205 constitute the standards by which
26.18the professional conduct of alcohol and drug counselors is measured.
26.19    Subd. 3. Violations. A violation of sections 148F.120 to 148F.205 is unprofessional
26.20conduct and constitutes grounds for disciplinary action, corrective action, or denial of
26.21licensure.
26.22    Subd. 4. Conflict with organizational demands. If the organizational policies at
26.23the provider's work setting conflict with any provision in sections 148F.120 to 148F.205,
26.24the provider shall discuss the nature of the conflict with the employer, make known the
26.25requirement to comply with these sections of law, and attempt to resolve the conflict
26.26in a manner that does not violate the law.

26.27    Sec. 25. [148F.125] COMPETENT PROVISION OF SERVICES.
26.28    Subdivision 1. Limits on practice. Alcohol and drug counselors shall limit their
26.29practice to the client populations and services for which they have competence or for
26.30which they are developing competence.
26.31    Subd. 2. Developing competence. When an alcohol and drug counselor is
26.32developing competence in a service, method, procedure, or to treat a specific client
26.33population, the alcohol and drug counselor shall obtain professional education, training,
27.1continuing education, consultation, supervision, or experience, or a combination thereof,
27.2necessary to demonstrate competence.
27.3    Subd. 3. Experimental, emerging, or innovative services. Alcohol and drug
27.4counselors may offer experimental services, methods, or procedures competently and
27.5in a manner that protects clients from harm. However, when doing so, they have a
27.6heightened responsibility to understand and communicate the potential risks to clients, to
27.7use reasonable skill and safety, and to undertake appropriate preparation as required in
27.8subdivision 2.
27.9    Subd. 4. Limitations. Alcohol and drug counselors shall recognize the limitations
27.10to the scope of practice of alcohol and drug counseling. When the needs of clients appear
27.11to be outside their scope of practice, providers shall inform the clients that there may be
27.12other professional, technical, community, and administrative resources available to them.
27.13Providers shall assist with identifying resources when it is in the best interests of clients to
27.14be provided with alternative or complementary services.
27.15    Subd. 5. Burden of proof. Whenever a complaint is submitted to the board
27.16involving a violation of this section, the burden of proof is on the provider to demonstrate
27.17that the elements of competence have reasonably been met.

27.18    Sec. 26. [148F.130] PROTECTING CLIENT PRIVACY.
27.19    Subdivision 1. Protecting private information. The provider shall safeguard
27.20private information obtained in the course of the practice of alcohol and drug counseling.
27.21Private information may be disclosed to others only according to section 148F.135, or
27.22with certain exceptions as specified in subdivisions 2 to 13.
27.23    Subd. 2. Duty to warn; limitation on liability. Private information may be
27.24disclosed without the consent of the client when a duty to warn arises, or as otherwise
27.25provided by law or court order. The duty to warn of, or take reasonable precautions to
27.26provide protection from, violent behavior arises only when a client or other person has
27.27communicated to the provider a specific, serious threat of physical violence to self or a
27.28specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty
27.29is discharged by the provider if reasonable efforts are made to communicate the threat to
27.30law enforcement agencies, the potential victim, the family of the client, or appropriate
27.31third parties who are in a position to prevent or avert the harm. No monetary liability
27.32and no cause of action or disciplinary action by the board may arise against a provider
27.33for disclosure of confidences to third parties, for failure to disclose confidences to third
27.34parties, or for erroneous disclosure of confidences to third parties in a good faith effort to
27.35warn against or take precautions against a client's violent behavior or threat of suicide.
28.1    Subd. 3. Services to group clients. Whenever alcohol and drug counseling
28.2services are provided to group clients, the provider shall initially inform each client of the
28.3provider's responsibility and each client's individual responsibility to treat any information
28.4gained in the course of rendering the services as private information, including any
28.5limitations to each client's right to privacy.
28.6    Subd. 4. Obtaining collateral information. Prior to obtaining collateral
28.7information about a client from other individuals, the provider shall obtain consent from
28.8the client unless the consent is not required by law or court order, and shall inform the
28.9other individuals that the information obtained may become part of the client's records and
28.10may therefore be accessed or released by the client, unless prohibited by law. For purposes
28.11of this subdivision, "other individual" means any individual, except for credentialed health
28.12care providers acting in their professional capacities, who participates adjunctively in
28.13the provision of services to a client. Examples of other individuals include, but are not
28.14limited to, family members, friends, coworkers, day care workers, guardians ad litem,
28.15foster parents, or school personnel.
28.16    Subd. 5. Minor clients. At the beginning of a professional relationship, the provider
28.17shall inform a minor client that the law imposes limitations on the right of privacy of the
28.18minor with respect to the minor's communications with the provider. This requirement is
28.19waived when the minor cannot reasonably be expected to understand the privacy statement.
28.20    Subd. 6. Limited access to client records. The provider shall limit access to client
28.21records. The provider shall make reasonable efforts to inform individuals associated
28.22with the provider's agency or facility, such as staff members, students, volunteers, or
28.23community aides, that access to client records, regardless of their format, is limited only to
28.24the provider with whom the client has a professional relationship, an individual associated
28.25with the agency or facility whose duties require access, or individuals authorized to have
28.26access by the written informed consent of the client.
28.27    Subd. 7. Billing statements for services. The provider shall comply with the
28.28privacy wishes of clients regarding to whom and where statements for services are to be
28.29sent.
28.30    Subd. 8. Case reports. The identification of the client shall be reasonably disguised
28.31in case reports or other clinical materials used in teaching, presentations, professional
28.32meetings, or publications.
28.33    Subd. 9. Observation and recording. Diagnostic interviews or therapeutic sessions
28.34with a client may be observed or electronically recorded only with the client's written
28.35informed consent.
29.1    Subd. 10. Continued protection of client information. The provider shall maintain
29.2the privacy of client data indefinitely after the professional relationship has ended.
29.3    Subd. 11. Court-ordered or other mandated disclosures. The proper disclosure
29.4of private client data upon a court order or to conform with state or federal law shall not be
29.5considered a violation of sections 148F.120 to 148F.205.
29.6    Subd. 12. Abuse or neglect of minor or vulnerable adults. An applicant or
29.7licensee must comply with the reporting of maltreatment of minors established in section
29.8626.556 and the reporting of maltreatment of vulnerable adults established in section
29.9626.557.
29.10    Subd. 13. Initial contacts. When an individual initially contacts a provider
29.11regarding alcohol and drug counseling services, the provider or another individual
29.12designated by the provider may, with oral consent from the potential client, contact third
29.13parties to determine payment or benefits information, arrange for precertification of
29.14services when required by the individual's health plan, or acknowledge a referral from
29.15another health care professional.

29.16    Sec. 27. [148F.135] PRIVATE INFORMATION; ACCESS AND RELEASE.
29.17    Subdivision 1. Client right to access and release private information. A client has
29.18the right to access and release private information maintained by the provider, including
29.19client records as provided in sections 144.291 to 144.298, relating to the provider's
29.20counseling services to that client, except as otherwise provided by law or court order.
29.21    Subd. 2. Release of private information. (a) When a client makes a request for
29.22the provider to release the client's private information, the request must be in writing
29.23and signed by the client. Informed consent is not required. When the request involves
29.24client records, all pertinent information shall be released in compliance with sections
29.25144.291 to 144.298.
29.26(b) If the provider initiates the request to release the client's private information,
29.27written authorization for the release of information must be obtained from the client
29.28and must include, at a minimum:
29.29(1) the name of the client;
29.30(2) the name of the individual or entity providing the information;
29.31(3) the name of the individual or entity to which the release is made;
29.32(4) the types of information to be released, such as progress notes, diagnoses,
29.33assessment data, or other specific information;
30.1(5) the purpose of the release, such as whether the release is to coordinate
30.2professional care with another provider, to obtain insurance payment for services, or for
30.3other specified purposes;
30.4(6) the time period covered by the consent;
30.5(7) a statement that the consent is valid for one year, except as otherwise allowed by
30.6statute, or for a lesser period that is specified in the consent;
30.7(8) a declaration that the individual signing the statement has been told of and
30.8understands the nature and purpose of the authorized release;
30.9(9) a statement that the consent may be rescinded, except to the extent that the
30.10consent has already been acted upon or that the right to rescind consent has been waived
30.11separately in writing;
30.12(10) the signature of the client or the client's legally authorized representative, whose
30.13relationship to the client must be stated; and
30.14(11) the date on which the consent is signed.
30.15    Subd. 3. Group client records. Whenever counseling services are provided to
30.16group clients, each client has the right to access or release only that information in the
30.17records that the client has provided directly or has authorized other sources to provide,
30.18unless otherwise directed by law or court order. Upon a request by one client to access or
30.19release group client records, that information in the records that has not been provided
30.20directly or by authorization of the requesting client must be redacted unless written
30.21authorization to disclose this information has been obtained from the other clients.
30.22    Subd. 4. Board investigation. The board shall be allowed access to any records of
30.23a client provided services by an applicant or licensee who is under investigation. If the
30.24client has not signed a consent permitting access to the client's records, the applicant or
30.25licensee must delete any data that identifies the client before providing them to the board.
30.26The board shall maintain any records as investigative data pursuant to chapter 13.

30.27    Sec. 28. [148F.140] INFORMED CONSENT.
30.28    Subdivision 1. Obtaining informed consent for services. The provider shall obtain
30.29informed consent from the client before initiating services. The informed consent must be
30.30in writing, signed by the client, and include the following, at a minimum:
30.31(1) authorization for the provider to engage in an activity which directly affects
30.32the client;
30.33(2) the goals, purposes, and procedures of the proposed services;
30.34(3) the factors that may impact the duration of the service;
30.35(4) the applicable fee schedule;
31.1(5) the limits to the client's privacy, including but not limited to the provider's duty
31.2to warn pursuant to section 148F.130, subdivision 2;
31.3(6) the provider's responsibilities if the client terminates the service;
31.4(7) the significant risks and benefits of the service, including whether the service
31.5may affect the client's legal or other interests;
31.6(8) the provider's responsibilities under section 148F.125, subdivision 3, if the
31.7proposed service, method, or procedure is of an experimental, emerging, or innovative
31.8nature; and
31.9(9) if applicable, information that the provider is developing competence in the
31.10proposed service, method, or procedure, and alternatives to the proposed service, if any.
31.11    Subd. 2. Updating informed consent. If there is a substantial change in the nature
31.12or purpose of a service, the provider must obtain a new informed consent from the client.
31.13    Subd. 3. Emergency or crisis services. Informed consent is not required when
31.14a provider is providing emergency or crisis services. If services continue after the
31.15emergency or crisis has abated, informed consent must be obtained.

31.16    Sec. 29. [148F.145] TERMINATION OF SERVICES.
31.17    Subdivision 1. Right to terminate services. Either the client or the provider may
31.18terminate the professional relationship unless prohibited by law or court order.
31.19    Subd. 2. Mandatory termination of services. The provider shall promptly
31.20terminate services to a client whenever:
31.21(1) the provider's objectivity or effectiveness is impaired, unless a resolution can be
31.22achieved as permitted in section 148F.155, subdivision 2; or
31.23(2) the client would be harmed by further services.
31.24    Subd. 3. Notification of termination. When the provider initiates a termination
31.25of professional services, the provider shall inform the client either orally or in writing.
31.26This requirement shall not apply when the termination is due to the successful completion
31.27of a predefined service such as an assessment, or if the client terminates the professional
31.28relationship.
31.29    Subd. 4. Recommendation upon termination. (a) Upon termination of counseling
31.30services, the provider shall make a recommendation for alcohol and drug counseling
31.31services if requested by the client or if the provider believes the services are needed by
31.32the client.
31.33(b) A recommendation for alcohol and drug counseling services is not required if
31.34the professional service provided is limited to an alcohol and drug assessment and a
31.35recommendation for continued services is not requested.
32.1    Subd. 5. Absence from practice. Nothing in this section requires the provider to
32.2terminate a client due to an absence from practice that is the result of a period of illness
32.3or injury that does not affect the provider's ability to practice with reasonable skill and
32.4safety, as long as arrangements have been made for temporary counseling services that
32.5may be needed by the client during the provider's absence.

32.6    Sec. 30. [148F.150] RECORD KEEPING.
32.7    Subdivision 1. Record-keeping requirements. Providers must maintain accurate
32.8and legible client records. Records must include, at a minimum:
32.9(1) an accurate chronological listing of all substantive contacts with the client;
32.10(2) documentation of services, including:
32.11(i) assessment methods, data, and reports;
32.12(ii) an initial treatment plan and any revisions to the plan;
32.13(iii) the name of the individual providing services;
32.14(iv) the name and credentials of the individual who is professionally responsible
32.15for the services provided;
32.16(v) case notes for each date of service, including interventions;
32.17(vi) consultations with collateral sources;
32.18(vii) diagnoses or presenting problems; and
32.19(viii) documentation that informed consent was obtained, including written informed
32.20consent documents;
32.21(3) copies of all correspondence relevant to the client;
32.22(4) a client personal data sheet;
32.23(5) copies of all client authorizations for release of information;
32.24(6) an accurate chronological listing of all fees charged, if any, to the client or
32.25a third party payer; and
32.26(7) any other documents pertaining to the client.
32.27    Subd. 2. Duplicate records. If the client records containing the documentation
32.28required by subdivision 1 are maintained by the agency, clinic, or other facility where the
32.29provider renders services, the provider is not required to maintain duplicate records of
32.30client information.
32.31    Subd. 3. Record retention. The provider shall retain a client's record for a minimum
32.32of seven years after the date of the provider's last professional service to the client, except
32.33as otherwise provided by law. If the client is a minor, the record retention period does not
32.34begin until the client reaches the age of 18, except as otherwise provided by law.

33.1    Sec. 31. [148F.155] IMPAIRED OBJECTIVITY OR EFFECTIVENESS.
33.2    Subdivision 1. Situations involving impaired objectivity or effectiveness. (a) An
33.3alcohol and drug counselor must not provide alcohol and drug counseling services to a
33.4client or potential client when the counselor's objectivity or effectiveness is impaired.
33.5(b) The provider shall not provide alcohol and drug counseling services to a client
33.6if doing so would create a multiple relationship. For purposes of this section, "multiple
33.7relationship" means one that is both professional and:
33.8(1) cohabitational;
33.9(2) familial;
33.10(3) one in which there has been personal involvement with the client or family
33.11member of the client that is reasonably likely to adversely affect the client's welfare or
33.12ability to benefit from services; or
33.13(4) one in which there is significant financial involvement other than legitimate
33.14payment for professional services rendered that is reasonably likely to adversely affect the
33.15client's welfare or ability to benefit from services.
33.16If an unforeseen multiple relationship arises after services have been initiated, the
33.17provider shall promptly terminate the professional relationship.
33.18(c) The provider shall not provide alcohol and drug counseling services to a client
33.19who is also the provider's student or supervisee. If an unforeseen situation arises in which
33.20both types of services are required or requested by the client or a third party, the provider
33.21shall decline to provide the services.
33.22(d) The provider shall not provide alcohol and drug counseling services to a client
33.23when the provider is biased for or against the client for any reason that interferes with the
33.24provider's impartial judgment, including where the client is a member of a class legally
33.25protected from discrimination. The provider may provide services if the provider is
33.26working to resolve the impairment in the manner required under subdivision 2.
33.27(e) The provider shall not provide alcohol and drug counseling services to a client
33.28when there is a fundamental divergence or conflict of service goals, interests, values,
33.29or attitudes between the client and the provider that adversely affects the professional
33.30relationship. The provider may provide services if the provider is working to resolve the
33.31impairment in the manner required under subdivision 2.
33.32    Subd. 2. Resolution of impaired objectivity or effectiveness. (a) When an
33.33impairment occurs that is listed in subdivision 1, paragraph (d) or (e), the provider may
33.34provide services only if the provider actively pursues resolution of the impairment and is
33.35able to do so in a manner that results in minimal adverse effects on the client or potential
33.36client.
34.1(b) If the provider attempts to resolve the impairment, it must be by means of
34.2professional education, training, continuing education, consultation, psychotherapy,
34.3intervention, supervision, or discussion with the client or potential client, or an appropriate
34.4combination thereof.

34.5    Sec. 32. [148F.160] PROVIDER IMPAIRMENT.
34.6The provider shall not provide counseling services to clients when the provider is
34.7unable to provide services with reasonable skill and safety as a result of a physical or
34.8mental illness or condition, including, but not limited to, substance abuse or dependence.
34.9During the period the provider is unable to practice with reasonable skill and safety, the
34.10provider shall either promptly terminate the professional relationship with all clients or
34.11shall make arrangements for other alcohol and drug counselors to provide temporary
34.12services during the provider's absence.

34.13    Sec. 33. [148F.165] CLIENT WELFARE.
34.14    Subdivision 1. Explanation of procedures. A client has the right to have, and a
34.15counselor has the responsibility to provide, a nontechnical explanation of the nature and
34.16purpose of the counseling procedures to be used and the results of tests administered to the
34.17client. The counselor shall establish procedures to be followed if the explanation is to be
34.18provided by another individual under the direction of the counselor.
34.19    Subd. 2. Client bill of rights. The client bill of rights required by section 144.652,
34.20shall be prominently displayed on the premises of the professional practice or provided
34.21as a handout to each client. The document must state that consumers of alcohol and
34.22drug counseling services have the right to:
34.23(1) expect that the provider meets the minimum qualifications of training and
34.24experience required by state law;
34.25(2) examine public records maintained by the Board of Behavioral Health and
34.26Therapy that contain the credentials of the provider;
34.27(3) report complaints to the Board of Behavioral Health and Therapy;
34.28(4) be informed of the cost of professional services before receiving the services;
34.29(5) privacy as defined and limited by law and rule;
34.30(6) be free from being the object of unlawful discrimination while receiving
34.31counseling services;
34.32(7) have access to their records as provided in sections 144.92 and 148F.135,
34.33subdivision 1, except as otherwise provided by law;
34.34(8) be free from exploitation for the benefit or advantage of the provider;
35.1(9) terminate services at any time, except as otherwise provided by law or court
35.2order;
35.3(10) know the intended recipients of assessment results;
35.4(11) withdraw consent to release assessment results, unless the right is prohibited by
35.5law or court order or was waived by prior written agreement;
35.6(12) a nontechnical description of assessment procedures; and
35.7(13) a nontechnical explanation and interpretation of assessment results, unless this
35.8right is prohibited by law or court order or was waived by prior written agreement.
35.9    Subd. 3. Stereotyping. The provider shall treat the client as an individual and
35.10not impose on the client any stereotypes of behavior, values, or roles related to human
35.11diversity.
35.12    Subd. 4. Misuse of client relationship. The provider shall not misuse the
35.13relationship with a client due to a relationship with another individual or entity.
35.14    Subd. 5. Exploitation of client. The provider shall not exploit the professional
35.15relationship with a client for the provider's emotional, financial, sexual, or personal
35.16advantage or benefit. This prohibition extends to former clients who are vulnerable or
35.17dependent on the provider.
35.18    Subd. 6. Sexual behavior with client. A provider shall not engage in any sexual
35.19behavior with a client including:
35.20(1) sexual contact, as defined in section 604.20, subdivision 7; or
35.21(2) any physical, verbal, written, interactive, or electronic communication, conduct,
35.22or act that may be reasonably interpreted to be sexually seductive, demeaning, or
35.23harassing to the client.
35.24    Subd. 7. Sexual behavior with a former client. A provider shall not engage in any
35.25sexual behavior as described in subdivision 6 within the two-year period following the
35.26date of the last counseling service to a former client. This prohibition applies whether or
35.27not the provider has formally terminated the professional relationship. This prohibition
35.28extends indefinitely for a former client who is vulnerable or dependent on the provider.
35.29    Subd. 8. Preferences and options for treatment. A provider shall disclose to the
35.30client the provider's preferences for choice of treatment or outcome and shall present other
35.31options for the consideration or choice of the client.
35.32    Subd. 9. Referrals. A provider shall make a prompt and appropriate referral of the
35.33client to another professional when requested to make a referral by the client.

35.34    Sec. 34. [148F.170] WELFARE OF STUDENTS, SUPERVISEES, AND
35.35RESEARCH SUBJECTS.
36.1    Subdivision 1. General. Due to the evaluative, supervisory, or other authority that
36.2providers who teach, evaluate, supervise, or conduct research have over their students,
36.3supervisees, or research subjects, they shall protect the welfare of these individuals.
36.4    Subd. 2. Student, supervisee, and research subject protections. To protect the
36.5welfare of their students, supervisees, or research subjects, providers shall not:
36.6(1) discriminate on the basis of race, ethnicity, national origin, religious affiliation,
36.7language, age, gender, physical disabilities, mental capabilities, sexual orientation or
36.8identity, marital status, or socioeconomic status;
36.9(2) exploit or misuse the professional relationship for the emotional, financial,
36.10sexual, or personal advantage or benefit of the provider or another individual or entity;
36.11(3) engage in any sexual behavior with a current student, supervisee, or research
36.12subject, including sexual contact, as defined in section 604.20, subdivision 7, or any
36.13physical, verbal, written, interactive, or electronic communication, conduct, or act that
36.14may be reasonably interpreted to be sexually seductive, demeaning, or harassing. Nothing
36.15in this part shall prohibit a provider from engaging in teaching or research with an
36.16individual with whom the provider has a preexisting and ongoing sexual relationship;
36.17(4) engage in any behavior likely to be deceptive or fraudulent;
36.18(5) disclose evaluative information except for legitimate professional or scientific
36.19purposes; or
36.20(6) engage in any other unprofessional conduct.

36.21    Sec. 35. [148F.175] MEDICAL AND OTHER HEALTH CARE
36.22CONSIDERATIONS.
36.23    Subdivision 1. Coordinating services with other health care professionals.
36.24Upon initiating services, the provider shall inquire whether the client has a preexisting
36.25relationship with another health care professional. If the client has such a relationship,
36.26and it is relevant to the provider's services to the client, the provider shall, to the extent
36.27possible and consistent with the wishes and best interests of the client, coordinate services
36.28for the client with the other health care professional. This requirement does not apply if
36.29brief crisis intervention services are provided.
36.30    Subd. 2. Reviewing health care information. If the provider determines that a
36.31client's preexisting relationship with another health care professional is relevant to the
36.32provider's services to the client, the provider shall, to the extent possible and consistent
36.33with the wishes and best interests of the client, review this information with the treating
36.34health care professional.
37.1    Subd. 3. Relevant medical conditions. If the provider believes that a client's
37.2psychological condition may have medical etiology or consequence, the provider shall,
37.3within the limits of the provider's competence, discuss this with the client and offer to
37.4assist in identifying medical resources for the client.

37.5    Sec. 36. [148F.180] ASSESSMENTS; TESTS; REPORTS.
37.6    Subdivision 1. Assessments. Providers who conduct assessments of individuals
37.7shall base their assessments on records, information, observations, and techniques
37.8sufficient to substantiate their findings. They shall render opinions only after they
37.9have conducted an examination of the individual adequate to support their statements
37.10or conclusions, unless an examination is not practical despite reasonable efforts. An
37.11assessment may be limited to reviewing records or providing testing services when an
37.12individual examination is not necessary for the opinion requested.
37.13    Subd. 2. Tests. Providers may administer and interpret tests within the scope of the
37.14counselor's training, skill, and competence.
37.15    Subd. 3. Reports. Written and oral reports, including testimony as an expert
37.16witness and letters to third parties concerning a client, must be based on information and
37.17techniques sufficient to substantiate their findings. Reports must include:
37.18(1) a description of all assessments, evaluations, or other procedures, including
37.19materials reviewed, which serve as a basis for the provider's conclusions;
37.20(2) reservations or qualifications concerning the validity or reliability of the opinions
37.21and conclusions formulated and recommendations made;
37.22(3) a statement concerning any discrepancy, disagreement, or inconsistent or
37.23conflicting information regarding the circumstances of the case that may have a bearing on
37.24the provider's conclusions;
37.25(4) a statement of the nature of and reason for the use of a test that is administered,
37.26recorded, scored, or interpreted in other than a standard and objective manner; and
37.27(5) a statement indicating when test interpretations or report conclusions are not
37.28based on direct contact between the client and the provider.
37.29    Subd. 4. Private information. Test results and interpretations regarding an
37.30individual are private information.

37.31    Sec. 37. [148F.185] PUBLIC STATEMENTS.
37.32    Subdivision 1. Prohibition against false or misleading information. Public
37.33statements by providers must not include false or misleading information. Providers shall
37.34not solicit or use testimonials by quotation or implication from current clients or former
38.1clients who are vulnerable to undue influence. The provider shall make reasonable efforts
38.2to ensure that public statements by others on behalf of the provider are truthful and shall
38.3make reasonable remedial efforts to bring a public statement into compliance with sections
38.4148F.120 to 148F.205 when the provider becomes aware of a violation.
38.5    Subd. 2. Misrepresentation. The provider shall not misrepresent directly or
38.6by implication professional qualifications including education, training, experience,
38.7competence, credentials, or areas of specialization. The provider shall not misrepresent,
38.8directly or by implication, professional affiliations or the purposes and characteristics of
38.9institutions and organizations with which the provider is professionally associated.
38.10    Subd. 3. Use of specialty board designation. Providers may represent themselves
38.11as having an area of specialization from a specialty board, such as a designation as a
38.12diplomate or fellow, if the specialty board used, at a minimum, the following criteria to
38.13award such a designation:
38.14(1) specified educational requirements defined by the specialty board;
38.15(2) specified experience requirements defined by the specialty board;
38.16(3) a work product evaluated by other specialty board members; and
38.17(4) a face-to-face examination by a committee of specialty board members or a
38.18comprehensive written examination in the area of specialization.

38.19    Sec. 38. [148F.190] FEES; STATEMENTS.
38.20    Subdivision 1. Disclosure. The provider shall disclose the fees for professional
38.21services to a client before providing services.
38.22    Subd. 2. Itemized statement. The provider shall itemize fees for all services for
38.23which the client or a third party is billed and make the itemized statement available to
38.24the client. The statement shall identify the date the service was provided, the nature of
38.25the service, the name of the individual who provided the service, and the name of the
38.26individual who is professionally responsible for the service.
38.27    Subd. 3. Representation of billed services. The provider shall not directly or by
38.28implication misrepresent to the client or to a third party billed for services the nature or the
38.29extent of the services provided.
38.30    Subd. 4. Claiming fees. The provider shall not claim a fee for counseling services
38.31unless the provider is either the direct provider of the services or is clinically responsible
38.32for providing the services and under whose supervision the services were provided.
38.33    Subd. 5. Referrals. No commission, rebate, or other form of remuneration may be
38.34given or received by a provider for the referral of clients for counseling services.

39.1    Sec. 39. [148F.195] AIDING AND ABETTING UNLICENSED PRACTICE.
39.2A provider shall not aid or abet an unlicensed individual to engage in the practice of
39.3alcohol and drug counseling. A provider who supervises a student as part of an alcohol
39.4and drug counseling practicum is not in violation of this section. Properly qualified
39.5individuals who administer and score testing instruments under the direction of a provider
39.6who maintains responsibility for the service are not considered in violation of this section.

39.7    Sec. 40. [148F.200] VIOLATION OF LAW.
39.8A provider shall not violate any law in which the facts giving rise to the violation
39.9involve the practice of alcohol and drug counseling as defined in sections 148F.001 to
39.10148F.205. In any board proceeding alleging a violation of this section, the proof of a
39.11conviction of a crime constitutes proof of the underlying factual elements necessary to
39.12that conviction.

39.13    Sec. 41. [148F.205] COMPLAINTS TO BOARD.
39.14    Subdivision 1. Mandatory reporting requirements. A provider is required to file a
39.15complaint when the provider knows or has reason to believe that another provider:
39.16(1) is unable to practice with reasonable skill and safety as a result of a physical or
39.17mental illness or condition, including, but not limited to, substance abuse or dependence,
39.18except that this mandated reporting requirement is deemed fulfilled by a report made
39.19to the Health Professionals Services Program (HPSP) as provided by section 214.33,
39.20subdivision 1;
39.21(2) is engaging in or has engaged in sexual behavior with a client or former client in
39.22violation of section 148F.165, subdivision 6 or 7;
39.23(3) has failed to report abuse or neglect of children or vulnerable adults in violation
39.24of section 626.556 or 626.557; or
39.25(4) has employed fraud or deception in obtaining or renewing an alcohol and drug
39.26counseling license.
39.27    Subd. 2. Optional reporting requirements. Other than conduct listed in
39.28subdivision 1, a provider who has reason to believe that the conduct of another provider
39.29appears to be in violation of sections 148F.001 to 148F.205 may file a complaint with
39.30the board.
39.31    Subd. 3. Institutions. A state agency, political subdivision, agency of a local unit
39.32of government, private agency, hospital, clinic, prepaid medical plan, or other health
39.33care institution or organization located in this state shall report to the board any action
39.34taken by the agency, institution, or organization or any of its administrators or medical
40.1or other committees to revoke, suspend, restrict, or condition an alcohol and drug
40.2counselor's privilege to practice or treat patients or clients in the institution, or as part of
40.3the organization, any denial of privileges, or any other disciplinary action for conduct that
40.4might constitute grounds for disciplinary action by the board under sections 148F.001
40.5to 148F.205. The institution, organization, or governmental entity shall also report the
40.6resignation of any alcohol and drug counselors before the conclusion of any disciplinary
40.7action proceeding for conduct that might constitute grounds for disciplinary action under
40.8this chapter, or before the commencement of formal charges but after the practitioner had
40.9knowledge that formal charges were contemplated or were being prepared.
40.10    Subd. 4. Professional societies. A state or local professional society for alcohol and
40.11drug counselors shall report to the board any termination, revocation, or suspension of
40.12membership or any other disciplinary action taken against an alcohol and drug counselor.
40.13If the society has received a complaint that might be grounds for discipline under this
40.14chapter against a member on which it has not taken any disciplinary action, the society
40.15shall report the complaint and the reason why it has not taken action on it or shall direct
40.16the complainant to the board.
40.17    Subd. 5. Insurers. Each insurer authorized to sell insurance described in section
40.1860A.06, subdivision 1, clause (13), and providing professional liability insurance to
40.19alcohol and drug counselors or the Medical Joint Underwriting Association under chapter
40.2062F, shall submit to the board quarterly reports concerning the alcohol and drug counselors
40.21against whom malpractice settlements and awards have been made. The report must
40.22contain at least the following information:
40.23(1) the total number of malpractice settlements or awards made;
40.24(2) the date the malpractice settlements or awards were made;
40.25(3) the allegations contained in the claim or complaint leading to the settlements or
40.26awards made;
40.27(4) the dollar amount of each settlement or award;
40.28(5) the address of the practice of the alcohol and drug counselor against whom an
40.29award was made or with whom a settlement was made; and
40.30(6) the name of the alcohol and drug counselor against whom an award was made or
40.31with whom a settlement was made. The insurance company shall, in addition to the above
40.32information, submit to the board any information, records, and files, including clients'
40.33charts and records, it possesses that tend to substantiate a charge that a licensed alcohol
40.34and drug counselor may have engaged in conduct violating this chapter.
40.35    Subd. 6. Self-reporting. An alcohol and drug counselor shall report to the board
40.36any personal action that would require that a report be filed with the board by any person,
41.1health care facility, business, or organization under subdivisions 1 and 3 to 5. The alcohol
41.2and drug counselor shall also report the revocation, suspension, restriction, limitation,
41.3or other disciplinary action in this state and report the filing of charges regarding the
41.4practitioner's license or right of practice in another state or jurisdiction.
41.5    Subd. 7. Permission to report. A person who has knowledge of any conduct
41.6constituting grounds for disciplinary action relating to the practice of alcohol and drug
41.7counseling under this chapter may report the violation to the board.
41.8    Subd. 8. Client complaints to the board. A provider shall, upon request, provide
41.9information regarding the procedure for filing a complaint with the board and shall, upon
41.10request, assist with filing a complaint. A provider shall not attempt to dissuade a client
41.11from filing a complaint with the board, or require that the client waive the right to file a
41.12complaint with the board as a condition for providing services.
41.13    Subd. 9. Deadlines; forms. Reports required by subdivisions 1 and 3 to 6 must be
41.14submitted no later than 30 days after the reporter learns of the occurrence of the reportable
41.15event or transaction. The board may provide forms for the submission of the reports
41.16required by this section and may require that reports be submitted on the forms provided.

41.17    Sec. 42. REPORT; BOARD OF BEHAVIORAL HEALTH AND THERAPY.
41.18(a) The Board of Behavioral Health and Therapy shall convene a working group
41.19to evaluate the feasibility of a tiered licensure system for alcohol and drug counselors in
41.20Minnesota. This evaluation shall include proposed scopes of practice for each tier, specific
41.21degree and other education and examination requirements for each tier, the clinical
41.22settings in which each tier of practitioner would be utilized, and any other issues the
41.23board deems necessary.
41.24(b) Members of the working group shall include, but not be limited to, members of
41.25the board, licensed alcohol and drug counselors, alcohol and drug counselor temporary
41.26permit holders, faculty members from two- and four-year education programs, professional
41.27organizations, and employers.
41.28(c) The board shall present its written report, including any proposed legislation, to
41.29the chairs and ranking minority members of the legislative committees with jurisdiction
41.30over health and human services no later than December 15, 2015.
41.31(d) The working group is not subject to the provisions of Minnesota Statutes,
41.32section 15.059.

41.33    Sec. 43. REVISOR'S INSTRUCTION.
42.1The revisor of statutes shall consult with the Board of Behavioral Health and
42.2Therapy to make any necessary cross-reference changes that are needed as a result of the
42.3passage of this act.

42.4    Sec. 44. REPEALER.
42.5(a) Minnesota Statutes 2010, sections 148C.01, subdivisions 1, 1a, 2, 2a, 2b, 2c,
42.62d, 2e, 2f, 2g, 4, 4a, 5, 7, 9, 10, 11, 11a, 12, 12a, 13, 14, 15, 16, 17, and 18; 148C.015;
42.7148C.03, subdivisions 1 and 4; 148C.0351, subdivisions 1, 3, and 4; 148C.0355; 148C.04,
42.8subdivisions 1, 2, 3, 4, 5a, 6, and 7; 148C.044; 148C.045; 148C.05, subdivisions 1, 1a, 5,
42.9and 6; 148C.055; 148C.07; 148C.075; 148C.08; 148C.09, subdivisions 1, 1a, 2, and 4;
42.10148C.091; 148C.093; 148C.095; 148C.099; 148C.10, subdivisions 1, 2, and 3; 148C.11;
42.11and 148C.12, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, are repealed.
42.12(b) Minnesota Rules, parts 4747.0010; 4747.0020; 4747.0030, subparts 1, 2, 3,
42.134, 5, 7, 8, 9, 10, 15, 17, 18, 20, 21, 22, 24, and 29; 4747.0040; 4747.0050; 4747.0060;
42.144747.0070, subparts 1, 2, 3, and 6; 4747.0200; 4747.0400, subpart 1; 4747.0700;
42.154747.0800; 4747.0900; 4747.1100, subparts 1, 4, 5, 6, 7, 8, and 9; 4747.1400, subparts
42.161, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13; 4747.1500; 6310.3100, subpart 2; 6310.3600;
42.17and 6310.3700, subpart 1, are repealed.

42.18    Sec. 45. EFFECTIVE DATE.
42.19This article is effective August 1, 2012.


42.22    Section 1. Minnesota Statutes 2010, section 148B.5301, subdivision 1, is amended to
42.23read:
42.24    Subdivision 1. General requirements. (a) To be licensed as a licensed professional
42.25clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board
42.26that the applicant:
42.27    (1) is at least 18 years of age;
42.28    (2) is of good moral character;
42.29    (3) has completed a master's or doctoral degree program in counseling or a
42.30related field, as determined by the board based on the criteria in items (i) to (x), that
42.31includes a minimum of 48 semester hours or 72 quarter hours and a supervised field
42.32experience in counseling that is not fewer than 700 hours. The degree must be from
42.33a counseling program recognized by the Council for Accreditation of Counseling and
43.1Related Education Programs (CACREP) or from an institution of higher education that is
43.2accredited by a regional accrediting organization recognized by the Council for Higher
43.3Education Accreditation (CHEA). Specific academic course content and training must
43.4include coursework in each of the following subject areas:
43.5    (i) helping relationship, including counseling theory and practice;
43.6    (ii) human growth and development;
43.7    (iii) lifestyle and career development;
43.8    (iv) group dynamics, processes, counseling, and consulting;
43.9    (v) assessment and appraisal;
43.10    (vi) social and cultural foundations, including multicultural issues;
43.11    (vii) principles of etiology, treatment planning, and prevention of mental and
43.12emotional disorders and dysfunctional behavior;
43.13    (viii) family counseling and therapy;
43.14    (ix) research and evaluation; and
43.15    (x) professional counseling orientation and ethics;
43.16    (4) has demonstrated competence in professional counseling by passing the National
43.17Clinical Mental Health Counseling Examination (NCMHCE), administered by the
43.18National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
43.19examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have
43.20taken and passed the National Counselor Examination (NCE) administered by the NBCC,
43.21or another board-approved examination, need only take and pass the Examination of
43.22Clinical Counseling Practice (ECCP) administered by the NBCC;
43.23    (5) has earned graduate-level semester credits or quarter-credit equivalents in the
43.24following clinical content areas as follows:
43.25    (i) six credits in diagnostic assessment for child or adult mental disorders; normative
43.26development; and psychopathology, including developmental psychopathology;
43.27    (ii) three credits in clinical treatment planning, with measurable goals;
43.28    (iii) six credits in clinical intervention methods informed by research evidence and
43.29community standards of practice;
43.30    (iv) three credits in evaluation methodologies regarding the effectiveness of
43.31interventions;
43.32    (v) three credits in professional ethics applied to clinical practice; and
43.33    (vi) three credits in cultural diversity; and
43.34    (6) has demonstrated successful completion of 4,000 hours of supervised,
43.35post-master's degree professional practice in the delivery of clinical services in the
44.1diagnosis and treatment of child and adult mental illnesses and disorders, conducted
44.2according to subdivision 2.
44.3    (b) If coursework in paragraph (a) was not completed as part of the degree program
44.4required by paragraph (a), clause (3), the coursework must be taken and passed for credit,
44.5and must be earned from a counseling program or institution that meets the requirements
44.6of paragraph (a), clause (3).

44.7    Sec. 2. Minnesota Statutes 2010, section 148B.5301, is amended by adding a
44.8subdivision to read:
44.9    Subd. 3a. Conversion from licensed professional counselor to licensed
44.10professional clinical counselor. (a) Until August 1, 2014, an individual currently licensed
44.11in the state of Minnesota as a licensed professional counselor may convert to a LPCC by
44.12providing evidence satisfactory to the board that the applicant has met the following
44.13requirements:
44.14    (1) is at least 18 years of age;
44.15    (2) is of good moral character;
44.16    (3) has a license that is active and in good standing;
44.17    (4) has no complaints pending, uncompleted disciplinary orders, or corrective
44.18action agreements;
44.19    (5) has completed a master's or doctoral degree program in counseling or a related
44.20field, as determined by the board, and whose degree was from a counseling program
44.21recognized by CACREP or from an institution of higher education that is accredited by a
44.22regional accrediting organization recognized by CHEA;
44.23    (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
44.24clinical coursework which includes content in the following clinical areas:
44.25    (i) diagnostic assessment for child and adult mental disorders; normative
44.26development; and psychopathology, including developmental psychopathology;
44.27    (ii) clinical treatment planning, with measurable goals;
44.28    (iii) clinical intervention methods informed by research evidence and community
44.29standards of practice;
44.30    (iv) evaluation methodologies regarding the effectiveness of interventions;
44.31    (v) professional ethics applied to clinical practice; and
44.32    (vi) cultural diversity;
44.33    (7) has demonstrated, to the satisfaction of the board, successful completion of
44.344,000 hours of supervised, post-master's degree professional practice in the delivery of
45.1clinical services in the diagnosis and treatment of child and adult mental illnesses and
45.2disorders; and
45.3    (8) has paid the LPCC application and licensure fees required in section 148B.53,
45.4subdivision 3.
45.5    (b) If the coursework in paragraph (a) was not completed as part of the degree
45.6program required by paragraph (a), clause (5), the coursework must be taken and passed
45.7for credit, and must be earned from a counseling program or institution that meets the
45.8requirements in paragraph (a), clause (5).
45.9    (c) This subdivision expires August 1, 2014.
45.10EFFECTIVE DATE.This section is effective retroactively from August 1, 2011.

45.11    Sec. 3. Minnesota Statutes 2010, section 148B.5301, subdivision 4, is amended to read:
45.12    Subd. 4. Conversion to licensed professional clinical counselor after August
45.131, 2011 2014. After August 1, 2014, an individual licensed in the state of Minnesota
45.14as a licensed professional counselor may convert to a LPCC by providing evidence
45.15satisfactory to the board that the applicant has met the requirements of subdivisions 1
45.16and 2, subject to the following:
45.17    (1) the individual's license must be active and in good standing;
45.18    (2) the individual must not have any complaints pending, uncompleted disciplinary
45.19orders, or corrective action agreements; and
45.20    (3) the individual has paid the LPCC application and licensure fees required in
45.21section 148B.53, subdivision 3.

45.22    Sec. 4. Minnesota Statutes 2010, section 148B.54, subdivision 2, is amended to read:
45.23    Subd. 2. Continuing education. At the completion of the first four years of
45.24licensure, a licensee must provide evidence satisfactory to the board of completion of
45.2512 additional postgraduate semester credit hours or its equivalent in counseling as
45.26determined by the board, except that no licensee shall be required to show evidence of
45.27greater than 60 semester hours or its equivalent. In addition to completing the requisite
45.28graduate coursework, each licensee shall also complete in the first four years of licensure
45.29a minimum of 40 hours of continuing education activities approved by the board under
45.30Minnesota Rules, part 2150.2540. Graduate credit hours successfully completed in the
45.31first four years of licensure may be applied to both the graduate credit requirement and to
45.32the requirement for 40 hours of continuing education activities. A licensee may receive 15
45.33continuing education hours per semester credit hour or ten continuing education hours
45.34per quarter credit hour. Thereafter, at the time of renewal, each licensee shall provide
46.1evidence satisfactory to the board that the licensee has completed during each two-year
46.2period at least the equivalent of 40 clock hours of professional postdegree continuing
46.3education in programs approved by the board and continues to be qualified to practice
46.4under sections 148B.50 to 148B.593.

46.5    Sec. 5. Minnesota Statutes 2010, section 148B.54, subdivision 3, is amended to read:
46.6    Subd. 3. Relicensure following termination. An individual whose license was
46.7terminated prior to August 1, 2010, and who can demonstrate completion of the graduate
46.8credit requirement in subdivision 2, does not need to comply with the continuing education
46.9requirement of Minnesota Rules, part 2150.2520, subpart 4, or with the continuing
46.10education requirements for relicensure following termination in Minnesota Rules, part
46.112150.0130, subpart 2. This section does not apply to an individual whose license has
46.12been canceled.

46.13    Sec. 6. EFFECTIVE DATE.
46.14Sections 1 to 5 are effective August 1, 2012, unless a different effective date is
46.15specified."