About the Board. Minnesota Board of Behavioral Health and Therapy 10/24/12. Minnesota Board of Behavioral Health and Therapy

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1 Minnesota Board of Behavioral Health and Therapy Kari Rechtzigel, Executive Director Samantha Strehlo, LADC Licensing Coordinator Judi Gordon, LADC, RN, Board Chair Minnesota Board of Behavioral Health and Therapy Created during the 2003 Legisla6ve Session Regulates licensure of professional counselors (LPC and LPCC) and alcohol and drug counselors (LADC and Temporary Permit) The Board's legisla6ve func6on, or purpose, is set forth in Minnesota Statutes, sec6ons 148B.52 and 148F.015. It is responsible for sepng ini6al and con6nuing licensure requirements; issuing licenses to qualified applicants; establishing rules of professional conduct; educa6ng the public about the existence and the content of the laws and rules pertaining to licensees to enable consumers to file complaints against licensees who may have violated the statutes and rules; periodically reviewing the established rules in order to improve them; and establishing a professional discipline commivee and complaint process. The Board's purpose is also described in its mission statement: The mission of the Board of Behavioral Health and Therapy is to protect the public through effec:ve licensure and enforcement of the statutes and rules governing its licensees to ensure a standard of competent and ethical prac:ce. The purpose of licensure of certain professions is specified in Minnesota Statutes Chapter 214. The law indicates that the purpose of licensure is to protect the safety and well being of the ci6zens of the State of Minnesota. About the Board 13 Member Board 5 LADC members 5 LPC/LPCC members 3 public members Quarterly Board Mee6ngs January, April, July, and October Board CommiVees Applica6on and Licensure CommiVee Complaint Resolu6on CommiVee Legisla6ve CommiVee Other CommiVees as needed 1

2 LADC License In 1992, legisla6on was passed establishing licensure for alcohol and drug counselors in Minnesota In May 1998, the first LADC licenses were issued On July 1, 2005, BBHT began licensing and regula6ng licensed alcohol and drug counselors (LADCs) when the program transferred to the board from the Department of Health On April 20, 2012, Governor Dayton signed SF753 into law. The legisla6on creates a new prac6ce act for alcohol and drug counselors (Minnesota Statutes chapter 148F). Currently, there are approximately 2,400 licensed alcohol and drug counselors and 140 temporary permit holders LADC Regulations Minnesota Statutes Chapter 148F Went into effect August 1, 2012 Currently located in 2012 Minnesota Session Laws, Chapter 197, Article 2 Minnesota Rules Chapter 4747 Minnesota Statutes section 148F.001- Scope This chapter applies to all applicants and licensees, all persons who use the title alcohol and drug counselor, and all persons in or out of this state who provide alcohol and drug counseling services to clients who reside in this state unless there are specific applicable exemptions provided by law. 2

3 Minnesota Statutes section 148F.015- Duties of the Board The Board shall: adopt and enforce rules for licensure and regulation of alcohol and drug counselors and temporary permit holders, including a standard disciplinary process and rules of professional conduct; issue licenses and temporary permits to qualified individuals under sections 148F.001 to 148F.205; carry out disciplinary actions against licensees and temporary permit holders; educate the public about the existence and content of the regulations for alcohol and drug counselor licensing to enable consumers to file complaints against licensees who may have violated the rules; and collect nonrefundable license fees for alcohol and drug counselors. Minnesota Statutes section 148F.02- Duty to Maintain Current Information All applicants and licensees must: Notify the Board within 30 days of a change of name, address, place of employment, and home or business telephone number Address, employment, and telephone number changes can be made by completing a form, available online, or through our online services. All applicants must: Notify the Board within 30 days of a change in other application information Must be submitted in writing. Minnesota Statutes sections 148F.025- Requirements for Licensure Requirements: Bachelor s degree 270 clock hours (18 semester credits) of specific alcohol and drug counseling course work 880 hour alcohol and drug counseling prac6cum WriVen comprehensive exam 3

4 Minnesota Statutes sections 148F.025- Requirements for Licensure Changes: In the educa6on requirements, the course work area descrip6ons were simplified (Minnesota Statutes sec6on 148F.025, subd.2(2)). In the educa6on requirements, a new course work area was added, co- occurring disorders (Minnesota Statutes sec6on 148F. 025, subd.2(2)(v)). This is only a requirement for new applicants. Current licensees are not required to show course work in co- occurring disorders Licensure applicants applying on or ader August 1, 2012, will need to meet the new course work requirements. Minnesota Statutes sections 148F.025- Requirements for Licensure Background inves6ga6on All applicants undergo a background check Not the same as a DHS background study Minnesota Statutes section 148F. 03- Reciprocity The board shall issue a license if the board finds that the requirements which the applicant met to obtain the creden6al from the other jurisdic6on were substan6ally similar to the current requirements for licensure in this chapter and that the applicant is not otherwise disqualified under sec6on 148F.090. Ac6ve license or cer6fica6on as an alcohol and drug counselor from another jurisdic6on Applicants must submit: Copy of the jurisdic6on's creden6aling laws and rules that were in effect at the 6me the applicant obtained the creden6al Verifica6on that the license or cer6fica6on is ac6ve and in good standing. The verifica6on must be sent directly to the Board office from the licensing board/creden6aling agency All reciprocity applica6ons are reviewed on a case by case basis by the Board s Applica6on and Licensure CommiVee 4

5 Minnesota Statutes 148F.035- Temporary Permit Requirements: Associates degree or equivalent (60 semester credits) 270 clock hours (18 semester credits) of specific alcohol and drug counseling course work 880 hour alcohol and drug counseling prac6cum Must have a supervisor Temporary permit holders must be supervised by: An LADC Other licensed professional prac6cing alcohol and drug counseling under Minnesota Statutes sec6ons 148F.11, subd. 1 Minnesota Statutes 148F.035- Temporary Permit Temporary permit holders must always have a supervisor Are subject to the same statutes and rules as LADCs Must use the 6tle Alcohol and Drug Counselor- Trainee or ADC- T in professional ac6vi6es Must annually renew their permit A temporary permit is automa6cally terminated if not renewed, if the permit holder does not have a supervisor, or if their applica6on for licensure is granted or denied If a change of supervision occurs, the temporary permit holder should complete the Change of Supervisor form, available on our website, and submit it to the Board office A temporary permit may be renewed no more than five 6mes Applying for a License When applying for a license or temporary permit, applicants are required to provide: License: Completed Applica6on for Licensure as an Alcohol and Drug Counselor, available on our website $ applica6on fee Official transcript (must be sent directly to the Board office by your school) Copy of exam results Temporary Permit: Completed Temporary Permit applica6on $ applica6on fee Official transcript (must be sent directly to the Board office by your school) Make sure to answer all ques6ons Background ques6ons: Answer all ques6ons truthfully Read the direc6ons carefully Provide a detailed explana6on for all yes answers New requirement: all licensure and temporary permit applica6ons must be notarized 5

6 License and Temporary Permit Application Processing All applica6ons are processed in the order they are received Average applica6on processing 6me is 3-4 weeks Processing 6me does vary by applicant- some applica6ons may take less than 3 weeks to process and some applica6ons may take more than 4 weeks to process Applicants should make sure that they include all the informa6on requested on the applica6on Minnesota Statutes 148F.040- Supervised Professional Practice Approved Supervisor Requirements: LADC or other qualified professional as determined by the Board 3 years of experience providing alcohol and drug counseling services 12 hours of training in clinical and/or ethical supervision 2,000 hours of supervised prac6ce for licensure purposes: 2,000 hours of supervised prac6ce can be completed in lieu of the oral exam Since the oral exam in no longer offered, this op6on is rarely used. Minnesota Statutes 148F.045- Alcohol and Drug Counselor Technician An alcohol and drug counselor technician may perform the screening, intake, and orienta6on services described in sec6on 148F.01, subdivision 10, clauses (1), (2), and (3), while under the direct supervision of a licensed alcohol and drug counselor. 6

7 Minnesota Statutes 148F.05- License Renewal Requirements A license must be renewed every two years License renewal no6ce: Will be mailed the licensee s last known address at least 60 days before the renewal deadline date The licensee s failure to receive the no6ce does not relieve the licensee of the obliga6on to meet the renewal deadline Renewal requirements: Once no6ce is received, a licensee should either contact the Board office for a paper renewal applica6on or go to our website to renew online Paper renewal applica6ons can be mailed, ed, or faxed The applica6on for renewal and renewal fee will now be due on the license/ temporary permit expira6on date, rather than 30 days before the license/ temporary permit expira6on date A late fee is required if renewing ader the deadline Pending renewal- If a licensee's applica6on for license renewal is postmarked or received by the board by the end of the business day on the expira6on date of the license, the licensee may con6nue to prac6ce ader the expira6on date while the applica6on for license renewal is pending with the board. License Renewal- Prorated Renewal In an effort to make our renewal process more efficient, the Board decided to move to a rolling renewal To move to the rolling renewal process, the Board implemented a transi6on period All licensees have been converted to the new system What this means to Licensee: Short prorated period Prorated renewal fee No con6nuing educa6on required Example: Licensee renewed license that expired 3/31/2011. When license renewed, Licensee was assigned a new expira6on date of 8/31/2012. When the licensee renewed license that expired 8/31/2012, they paid a prorated renewal fee. Licensee was not required to report con6nuing educa6on. Licensee s license was renewed with a new expira6on date of 8/31/2014. When licensee renews license that expires 8/31/2014, licensee will be required to report 40 hours of con6nuing educa6on. Licensee will be able to report any hours completed from 4/1/2011 through 8/31/2014. Affects all licenses issued prior to June 30, 2011 Minnesota Statutes 148F.055- Expired License Minnesota Statutes 148F.06- Voluntary Termination Expired License: A licensee who fails to renew by the deadline is not authorized to prac6ce ader the expira6on date Termina6on for Non- Renewal Within 30 days ader the renewal date, a licensee who has not renewed will be no6fied by lever that failure to pay the renewal fee and late fee within 60 days ader the renewal date will result in termina6on of the license. The board will terminate the license of a licensee whose renewal is at least 60 days overdue The former licensee will be no6fied of the termina6on by lever within seven days ader the board ac6on. Voluntary Termina6on A license may be voluntarily terminated by the licensee at any 6me upon wriven no6fica6on to the board, unless a complaint is pending against the licensee. The no6fica6on must be received by the board prior to termina6on of the license for failure to renew. 7

8 Minnesota Statutes 148F.065- Relicensure Following Termination Relicensure- Less than two years ader Board or Voluntary Termina6on: Complete an applica6on for relicensure provided by the Board Pay the renewal fee and late fee Provide evidence of having completed at least 20 hours of con6nuing educa6on for each year the former licensee did not hold a license Terminated for less than one year, must show 20 hours Terminated for more than one year, must show 40 hours Cancella6on of License- Two years ader Termina6on Ader two years, a former licensee will have their license cancelled A new license must be obtained by applying for licensure and mee6ng the requirements in statute at the 6me of applica6on Process for LADC license that expired prior to August 1, 2012: Less than two years: complete renewal applica6on and submit to Board office with renewal fee, late fee, and proof of con6nuing educa6on More than two years: submit license applica6on to the Board office with ini6al applica6on fee and retake and pass the licensure exam Minnesota Statutes 148F.070- Inactive License Status Inac6ve License Status May be requested at renewal, as long as complaint is not pending against the licensee Licensee will pay a lesser renewal fee Licensee must not prac6ce while on inac6ve status Ader inac6ve status is granted, a licensee can con6nue to renew inac6ve. Licensee will s6ll be required to report 40 hours of con6nuing educa6on Licensee can request to go back to ac6ve status at any 6me by paying the difference between the inac6ve renewal fee and ac6ve renewal fee Minnesota Statutes section 148F.075- Continuing Education Requirements Purpose: The purpose of mandatory con6nuing educa6on is to promote the professional development of alcohol and drug counselors so that the services they provide promote the health and well- being of clients who receive services. Con6nued professional growth and maintaining competence in providing alcohol and drug counseling services are the ethical responsibili6es of each licensee. Requirement: Every two years, all licensees must complete a minimum of 40 clock hours of con6nuing educa6on ac6vi6es. The 40 clock hours shall include a minimum of nine clock hours on diversity, and a minimum of three clock hours on professional ethics. When do Licensees report under new requirements: Because all licensees are currently in the middle of their con6nuing educa6on repor6ng period, they will not be required to meet the new con6nuing educa6on requirements for their next renewal. They will finish out their current cycle with the old requirements. 8

9 Minnesota Statutes section 148F.075- Continuing Education Requirements Standards for Approval: (1) cons6tute an organized program of learning; (2) reasonably be expected to advance the knowledge and skills of the alcohol and drug counselor; (3) pertain to subjects that directly relate to the prac6ce of alcohol and drug counseling; (4) be conducted by individuals who have educa6on, training, and experience and are knowledgeable about the subject maver; and (5) be presented by a sponsor who has a system to verify par6cipa6on and maintains avendance records for three years, unless the sponsor provides dated evidence to each par6cipant with the number of clock hours awarded. Minnesota Statutes section 148F.075- Continuing Education Requirements Ac6vi6es that Qualify: avendance at educa6onal programs of annual conferences, lectures, panel discussions, workshops, in- service training, seminars, and symposia successful comple6on of college or university courses successful comple6on of home study or online courses teaching a course at a regionally accredited ins6tu6on of higher educa6on (Ten con6nuing educa6on hours may be earned for each semester credit hour taught) presenta6ons at workshops, seminars, symposia, mee6ngs of professional organiza6ons, in- service trainings, or postgraduate ins6tutes (A presenter may claim one hour of con6nuing educa6on for each hour of presenta6on 6me. A presenter may also receive con6nuing educa6on hours for development 6me at the rate of three hours for each hour of presenta6on 6me) Ac6vi6es not Qualifying: Trainings related to supervision of personnel, entertainment or recrea6onal ac6vi6es, employment orienta6on, policy mee6ngs, marke6ng, first aid, CPR, or payment systems, including coding and billing Minnesota Statutes section 148F.075- Continuing Education Requirements Documenta6on: When renewing a license, licensees are required to complete and submit an affidavit of con6nuing educa6on compliance All licensees shall retain original documenta6on of comple6on of con6nuing educa6on hours for a period of five years. Audit: The Board will audit con6nuing educa6on based on a random selec6on of licensees each renewal period. If you are randomly selected as part of an audit, you will receive a lever no6fying you of this shortly ader you renew your license. If you are randomly selected, you will be required to send in copies of all your con6nuing educa6on records (cer6ficates of avendance, transcripts, etc.) showing that you have met the con6nuing educa6on requirements. The Board may also audit con6nuing educa6on if they have reason to believe the informa6on is inaccurate. 9

10 Minnesota Statutes section 148F.075- Continuing Education Requirements Variance: If a licensee is unable to meet the con6nuing educa6on requirements by the renewal date, the licensee may request a 6me- limited variance to fulfill the requirements ader the renewal date A licensee seeking a variance is considered to be renewing late and is subject to the late renewal fee To request a variance: Licensee should complete the variance request form, available on our website Submit the completed form to the Board office with the $74.00 late fee and $10 variance request fee A variance granted expires six months ader the license renewal date. A licensee who is granted a variance but fails to complete the required con6nuing educa6on within the six- month period may apply for a second variance If a variance is granted and the licensee does not complete the con6nuing educa6on requirements by the end of the 6 month period (or the end of the 12 month period if a second request is granted), the license will be administra6vely suspended un6l the licensee completes the con6nuing educa6on Minnesota Statutes section 148F.08- Sponsor Application for Approval Individuals, organiza6ons, associa6ons, corpora6ons, educa6onal ins6tu6ons, or groups can submit a Sponsor Applica6on if they wish to have their con6nuing educa6on ac6vity approved by the Board If approved, the Board will assign an ac6vity number The approval remains in effect for one year from the date of ini6al approval All promo6onal literature should include the following statement: This ac6vity has been approved by the Minnesota Board of Behavioral Health and Therapy for... hours of credit The Board will not approve any ac6vi6es if they do not meet the con6nuing educa6on requirements set forth in Minnesota Statutes sec6on 14F.075 Minnesota Statutes section 148F.09- Denial, Suspension, or Revocation of License Grounds for discipline: Listed in Minnesota Statutes 148F.09, subd 1 (1)- (15) Forms of Disciplinary Ac6ve: Refuse to grant or renew a license Revoke a license Suspend a license Impose limita6ons or condi6ons Censure or reprimand Impose a civil penalty Temporary Suspension The Board can issue an order to temporarily suspend a licensee if the Board reasonably believes that the licensee violated a statute or rule enforced by the Board and con6nued prac6ce by the licensee would create an imminent risk of harm to others Automa6c Suspension: A licensee s right to prac6ce is automa6cally suspended when: a guardian of an alcohol and drug counselor is appointed by order of a district court the counselor is commived by order of a district court Mental, Physical, or Chemical Health Evalua6on If the Board has probable cause to believe that an applicant or licensee is unable to prac6ce alcohol and drug counseling with reasonable skill and safety due to a mental or physical illness or condi6on, the Board may direct the individual to submit to a mental, physical, or chemical dependency examina6on or evalua6on. 10

11 Minnesota Statutes section 148F.10- Cooperation An alcohol and drug counselor who is the subject of an inves6ga6on, or who is ques6oned in connec6on with an inves6ga6on, by or on behalf of the board, shall cooperate fully with the inves6ga6on. Coopera6on includes responding fully to any ques6on raised by or on behalf of the board rela6ng to the subject of the inves6ga6on, whether tape recorded or not. Challenges to requests of the board may be brought before the appropriate agency or court. Minnesota Statutes section 148F.105- Prohibited Practice of Use of Titles Prac6ce: No person shall engage in alcohol and drug counseling without first being licensed under this chapter as an alcohol and drug counselor Use of Titles: No individual shall present themselves or any other individual to the public by any 6tle incorpora6ng the words "licensed alcohol and drug counselor," "alcohol and drug counselor," or otherwise hold themselves out to the public by any 6tle or descrip6on sta6ng or implying that they are licensed or otherwise qualified to prac6ce alcohol and drug counseling, unless that individual holds a valid license Minnesota Statutes section 148F.11- Exceptions to the License Requirement Other Professionals: Listed in Minnesota Statutes sec6on 148F.11, subd. 1 Any person exempt under this sec6on must not use a 6tle incorpora6ng the words "alcohol and drug counselor" or "licensed alcohol and drug counselor" or otherwise hold themselves out to the public by any 6tle or descrip6on sta6ng or implying that they are engaged in the prac6ce of alcohol and drug counseling, or that they are licensed to engage in the prac6ce of alcohol and drug counseling Students: If enrolled in an accredited school Federally Recognized Tribes: Alcohol and drug counselors prac6cing alcohol and drug counseling according to standards established by federally recognized tribes, while prac6cing under tribal jurisdic6on, are exempt from the requirements of this chapter. 11

12 Minnesota Statutes section 148F.115- Fees Fees collected by the Board are listed in this statute Surcharge fee: A $99 surcharge is collected at the 6me of ini6al applica6on for or renewal of an alcohol and drug counselor license Enacted in 2003 to help pay back program debt When the LADC program was transferred from the Department of Health to the Board, the inherited debt was approximately $1 million This surcharge expires June 30, 2013 IMPORTANT: All fess are nonrefundable Minnesota Statutes section 148F F.205- Conduct A new Code of Conduct was developed that is consistent in content and form with that of other health care professionals All licensees and temporary permit holders should review and be familiar with the Code of Conduct Board staff members are not permived to give legal advice Minnesota Statutes section 148F.205- Complaints to the Board Mandatory Repor6ng Requirements: Licensees are required to file a complaint when the licensee knows or has reason to believe that an LADC or temporary permit holder: is engaging in or has engaged in sexual behavior with a client or former client is unable to prac6ce with reasonable skill and safety as a result of a physical or mental illness or condi6on, including, but not limited to, substance abuse or dependence has failed to report abuse or neglect of children or vulnerable adults has employed fraud or decep6on in obtaining or renewing an alcohol and drug counseling license The complaint must be filed no later than 30 days ader the licensee learns of the occurrence of the reportable event Op6onal Repor6ng Requirements: All other conduct 12

13 Minnesota Statutes section 148F.205- Complaints to the Board Self- Repor6ng: An alcohol and drug counselor must report to the board any personal ac6on that would require that a report be filed with the board by any person, health care facility, business, or organiza6on Client Complaints to the Board: A licensee must, upon request, provide informa6on regarding the procedure for filing a complaint with the board and shall, upon request, assist with filing a complaint. A licensee must not avempt to dissuade a client from filing a complaint with the board, or require that the client waive the right to file a complaint with the board as a condi6on for providing services Forms: The complaint form can be found on the Board s website Health Professionals Services Program Created in 1994 as an alterna6ve to board discipline, the State of Minnesota's Health Professionals Services Program (HPSP) offers a proac6ve way to fulfill repor6ng requirements and get confiden6al help for illnesses. By law, health prac66oners and employers can report poten6al impairment to a licensing board OR to HPSP. How Licensees are Referred to HPSP: Self Referrals: Licensees report themselves to the program Third Party Referrals: Persons including employers, treatment centers, care providers, and family members report licensees to the program Board Referrals to Determine Eligibility: Boards refer licensees for an evalua6on to determine if there is an illness to monitor and if monitoring is deemed appropriate (non- public and non- disciplinary) Board Referrals for Follow- up to Diagnosis and Treatment: Boards refer licensees for monitoring of iden6fied illness (non- public and non- disciplinary) Board Ordered or CorrecAve AcAon: Boards refer licensees under public disciplinary ac6on How to Report: Contact HPSP at Complaint Data Number of Complaints Received July 1, 2010 through June 30, Number of Complaints Received July 1, 2008 through June 30, Number of Complaints Received July 1, 2006 through June 30,

14 Disciplinary Data Number of Disciplinary Ac6ons July 1, 2010 through June 30, Number of Disciplinary Ac6ons July 1, 2008 through June 30, Number of Disciplinary Ac6ons July 1, 2006 through June 30, Contacting the Board OfWice Contact informa6on: Samantha Strehlo Phone: samantha.strehlo@state.mn.us Kari Rechtzigel Phone: kari.rechtzigel@state.mn.us Website: What you can find on our website: License and Temporary Permit applica6ons LADC Statutes and Rules Calendar of mee6ngs List of Board Members Board mee6ng minutes Con6nuing educa6on informa6on Online renewal and address change License and supervisor look- up Complaint forms and pos6ng of public discipline Other forms and useful informa6on The Future- What s Coming Report to Legislature- LADC Tiered Licensure: Working group will be put together to evaluate the feasibility of a 6ered licensure system for alcohol and drug counselors in Minnesota Report due to legislature December 15, 2015 Report to Legislature- Licensing Board Background Checks: Licensing boards to study and make recommenda6ons for establishing uniform criminal history checks requirements for all health regulated professionals Report due to legislature January 15, 2013 Pos6ng of informa6on on website: Beginning July 1, 2013, the Board will be required to post on its website the name and business address of each licensee who has: A convic6on of a felony or gross misdemeanor occurring ader July 1, 2013 Malprac6ce judgment occurring ader July 1, 2013 Disciplinary ac6on in this state or any other state or jurisdic6on 14