1.1                          A bill for an act 
  1.2             relating to professions; modifying certain board of 
  1.3             psychology requirements relating to education, 
  1.4             supervision, and disclosure of patient confidences; 
  1.5             amending Minnesota Statutes 1996, section 148.907, 
  1.6             subdivisions 2 and 4; 148.908, subdivision 2; and 
  1.7             148.925, subdivision 7; repealing Minnesota Statutes 
  1.8             1996, section 148.976. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 148.907, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [REQUIREMENTS FOR LICENSURE AS A LICENSED 
  1.13  PSYCHOLOGIST.] To become licensed by the board as a licensed 
  1.14  psychologist, an applicant shall comply with the following 
  1.15  requirements: 
  1.16     (1) pass an examination in psychology; 
  1.17     (2) pass a professional responsibility examination on the 
  1.18  practice of psychology; 
  1.19     (3) pass any other examinations as required by board rules; 
  1.20     (4) pay nonrefundable fees to the board for applications, 
  1.21  processing, testing, renewals, and materials; 
  1.22     (5) have attained the age of majority, be of good moral 
  1.23  character, and have no unresolved disciplinary action or 
  1.24  complaints pending in the state of Minnesota or any other 
  1.25  jurisdiction; 
  1.26     (6) have earned a doctoral degree with a major in 
  1.27  psychology from a regionally accredited educational institution 
  2.1   meeting the standards the board has established by rule; and 
  2.2      (7) have completed at least two full years or the 
  2.3   equivalent of postdoctoral supervised psychological employment. 
  2.4      Sec. 2.  Minnesota Statutes 1996, section 148.907, 
  2.5   subdivision 4, is amended to read: 
  2.6      Subd. 4.  [CONVERTING FROM MASTER'S TO DOCTORAL LEVEL 
  2.7   LICENSURE.] To convert from licensure as a licensed psychologist 
  2.8   at the master's or master's equivalent level to licensure at the 
  2.9   doctoral level, a licensed psychologist shall have: 
  2.10     (1) completed an application provided by the board; 
  2.11     (2) had an official transcript documenting the conferral of 
  2.12  the doctoral degree sent directly from the educational 
  2.13  institution to the board; 
  2.14     (3) paid a nonrefundable fee; 
  2.15     (4) successfully completed two full years or the equivalent 
  2.16  of supervised psychological employment, which shall not include 
  2.17  a predoctoral internship, after earning a master's degree or a 
  2.18  master's equivalent in a doctoral program; 
  2.19     (5) successfully completed a predoctoral internship meeting 
  2.20  the standards the board has established by rule; and 
  2.21     (6) ~~received~~ earned a doctoral degree with a major in 
  2.22  psychology from a regionally accredited educational institution 
  2.23  meeting the standards the board has established by rule. 
  2.24     Sec. 3.  Minnesota Statutes 1996, section 148.908, 
  2.25  subdivision 2, is amended to read: 
  2.26     Subd. 2.  [REQUIREMENTS FOR LICENSURE AS A LICENSED 
  2.27  PSYCHOLOGICAL PRACTITIONER.] To become licensed by the board as 
  2.28  a licensed psychological practitioner, an applicant shall comply 
  2.29  with the following requirements: 
  2.30     (1) pass an examination in psychology; 
  2.31     (2) pass a professional responsibility examination on the 
  2.32  practice of psychology; 
  2.33     (3) pass any other examinations as required by board rules; 
  2.34     (4) pay nonrefundable fees to the board for applications, 
  2.35  processing, testing, renewals, and materials; 
  2.36     (5) have attained the age of majority, be of good moral 
  3.1   character, and have no unresolved disciplinary action or 
  3.2   complaints pending in the state of Minnesota or any other 
  3.3   jurisdiction; and 
  3.4      (6) have ~~received~~ earned a doctoral or master's degree or 
  3.5   the equivalent of a master's degree in a doctoral program with a 
  3.6   major in psychology from a regionally accredited educational 
  3.7   institution meeting the standards the board has established by 
  3.8   rule. 
  3.9      Sec. 4.  Minnesota Statutes 1996, section 148.925, 
  3.10  subdivision 7, is amended to read: 
  3.11     Subd. 7.  [~~WAIVER OF~~ VARIANCE FROM SUPERVISION 
  3.12  REQUIREMENTS.] (a) An applicant for licensure as a licensed 
  3.13  psychologist who entered supervised employment before August 1, 
  3.14  1991, may request a ~~waiver~~ variance from the board ~~of~~ from the 
  3.15  supervision requirements in this section in order to continue 
  3.16  supervision under the board rules in effect before August 1, 
  3.17  1991. 
  3.18     (b) The board shall grant a ~~waiver~~ variance from the 
  3.19  supervision requirements of subdivision 4 to a licensed 
  3.20  psychological practitioner who presents evidence of: 
  3.21     (1) completion of two full years or the equivalent of 
  3.22  supervised post-master's degree employment, meeting the 
  3.23  requirements of subdivision 5 as it relates to preparation for 
  3.24  licensure as a licensed psychologist; 
  3.25     (2) endorsement for specific areas of competency by the 
  3.26  licensed psychologist who provided the two years of supervision; 
  3.27     (3) employment by a hospital or by a community mental 
  3.28  health center or nonprofit mental health clinic or social 
  3.29  service agency providing services as a part of the mental health 
  3.30  service plan required by the comprehensive mental health act; 
  3.31     (4) the employer's acceptance of clinical responsibility 
  3.32  for the care provided by the licensed psychological 
  3.33  practitioner; and 
  3.34     (5) a plan which is satisfactory to the board for 
  3.35  supervising the work of the licensed psychological practitioner. 
  3.36     (c) After December 31, 1993, the ~~supervision requirements~~ 
  4.1   ~~must be deemed waived for a person~~ variance allowed under this 
  4.2   section must be deemed to have been granted to an individual who 
  4.3   previously received a ~~waiver~~ variance under paragraph (b) and is 
  4.4   seeking a new ~~waiver~~ variance because of a change of employment 
  4.5   to a different employer or employment setting.  The 
  4.6   deemed ~~waiver~~ variance continues until the board either grants 
  4.7   or denies the ~~waiver~~ variance.  ~~A person~~ An individual who has 
  4.8   been denied a ~~waiver~~ variance under this section is entitled to 
  4.9   appeal the decision using a contested case hearing.  The ~~person~~ 
  4.10  individual must request a hearing within 30 days after ~~receiving~~ 
  4.11  ~~notice from the board~~ service by regular mail that the request 
  4.12  for a ~~waiver~~ variance has been denied.  A deemed ~~waiver~~ variance 
  4.13  under this paragraph continues until the ~~appeal~~ contested case 
  4.14  proceeding has been resolved. 
  4.15     Sec. 5.  [REVISOR'S INSTRUCTION.] 
  4.16     The revisor shall change the headnote to section 148.941 so 
  4.17  that it reads:  "DISCIPLINARY ACTION; INVESTIGATION; PENALTY FOR 
  4.18  VIOLATION." 
  4.19     Sec. 6.  [REPEALER.] 
  4.20     Minnesota Statutes 1996, section 148.976, is repealed.