148F.105 PROHIBITED PRACTICE OR USE OF TITLES; PENALTY. Subdivision 1. Practice. No person shall engage in alcohol and drug counseling without first being licensed under this chapter as an alcohol and drug counselor. For purposes of this chapter, an individual engages in the practice of alcohol and drug counseling if the individual performs or offers […]
148F.11 EXCEPTIONS TO LICENSE REQUIREMENT. Subdivision 1. Other professionals. (a) Nothing in this chapter prevents members of other professions or occupations from performing functions for which they are qualified or licensed. This exception includes, but is not limited to: licensed physicians; registered nurses; licensed practical nurses; licensed psychologists and licensed psychological practitioners; members of the […]
148F.115 FEES. Subdivision 1. Application fee. The application fee is $295. Subd. 2. Biennial renewal fee. The license renewal fee is $295. If the board establishes a renewal schedule, and the scheduled renewal date is less than two years, the fee may be prorated. Subd. 3. Temporary permit fee. Temporary permit fees are as follows: […]
148F.12 CONDUCT. Subdivision 1. Scope. Sections 148F.12 to 148F.205 apply to the conduct of all alcohol and drug counselors, licensees, and applicants, including conduct during the period of education, training, and employment that is required for licensure. Subd. 2. Purpose. Sections 148F.12 to 148F.205 constitute the standards by which the professional conduct of alcohol and […]
148F.125 COMPETENT PROVISION OF SERVICES. Subdivision 1. Limits on practice. Alcohol and drug counselors shall limit their practice to the client populations and services for which they have competence or for which they are developing competence. Subd. 2. Developing competence. When an alcohol and drug counselor is developing competence in a service, method, procedure, or […]
148F.13 PROTECTING CLIENT PRIVACY. Subdivision 1. Protecting private information. The provider shall safeguard private information obtained in the course of the practice of alcohol and drug counseling. Private information may be disclosed to others only according to section 148F.135, or with certain exceptions as specified in subdivisions 2 to 13. Subd. 2. Duty to warn; […]
148F.135 PRIVATE INFORMATION; ACCESS AND RELEASE. Subdivision 1. Client right to access and release private information. A client has the right to access and release private information maintained by the provider, including client records as provided in sections 144.291 to 144.298, relating to the provider’s counseling services to that client, except as otherwise provided by […]
148F.14 INFORMED CONSENT. Subdivision 1. Obtaining informed consent for services. The provider shall obtain informed consent from the client before initiating services. The informed consent must be in writing, signed by the client, and include the following, at a minimum: (1) authorization for the provider to engage in an activity which directly affects the client; […]
148F.145 TERMINATION OF SERVICES. Subdivision 1. Right to terminate services. Either the client or the provider may terminate the professional relationship unless prohibited by law or court order. Subd. 2. Mandatory termination of services. The provider shall promptly terminate services to a client whenever: (1) the provider’s objectivity or effectiveness is impaired, unless a resolution […]
148F.15 RECORD KEEPING. Subdivision 1. Record-keeping requirements. Providers must maintain accurate and legible client records. Records must include, at a minimum: (1) an accurate chronological listing of all substantive contacts with the client; (2) documentation of services, including: (i) assessment methods, data, and reports; (ii) an initial treatment plan and any revisions to the plan; […]
148F.155 IMPAIRED OBJECTIVITY OR EFFECTIVENESS. Subdivision 1. Situations involving impaired objectivity or effectiveness. (a) An alcohol and drug counselor must not provide alcohol and drug counseling services to a client or potential client when the counselor’s objectivity or effectiveness is impaired. (b) The provider shall not provide alcohol and drug counseling services to a client […]
148F.16 PROVIDER IMPAIRMENT. The provider shall not provide counseling services to clients when the provider is unable to provide services with reasonable skill and safety as a result of a physical or mental illness or condition, including, but not limited to, substance abuse or dependence. During the period the provider is unable to practice with […]
148F.165 CLIENT WELFARE. Subdivision 1. Explanation of procedures. A client has the right to have, and a counselor has the responsibility to provide, a nontechnical explanation of the nature and purpose of the counseling procedures to be used and the results of tests administered to the client. The counselor shall establish procedures to be followed […]
148F.17 WELFARE OF STUDENTS, SUPERVISEES, AND RESEARCH SUBJECTS. Subdivision 1. General. Due to the evaluative, supervisory, or other authority that providers who teach, evaluate, supervise, or conduct research have over their students, supervisees, or research subjects, providers shall protect the welfare of these individuals. Subd. 2. Student, supervisee, and research subject protections. To protect the […]
148F.175 MEDICAL AND OTHER HEALTH CARE CONSIDERATIONS. Subdivision 1. Coordinating services with other health care professionals. Upon initiating services, the provider shall inquire whether the client has a preexisting relationship with another health care professional. If the client has such a relationship, and it is relevant to the provider’s services to the client, the provider […]
148F.18 ASSESSMENTS; TESTS; REPORTS. Subdivision 1. Assessments. Providers who conduct assessments of individuals shall base their assessments on records, information, observations, and techniques sufficient to substantiate their findings. They shall render opinions only after they have conducted an examination of the individual adequate to support their statements or conclusions, unless an examination is not practical […]
148F.185 PUBLIC STATEMENTS. Subdivision 1. Prohibition against false or misleading information. Public statements by providers must not include false or misleading information. Providers shall not solicit or use testimonials by quotation or implication from current clients or former clients who are vulnerable to undue influence. The provider shall make reasonable efforts to ensure that public […]
148F.19 FEES; STATEMENTS. Subdivision 1. Disclosure. The provider shall disclose the fees for professional services to a client before providing services. Subd. 2. Itemized statement. The provider shall itemize fees for all services for which the client or a third party is billed and make the itemized statement available to the client. The statement shall […]
148F.195 AIDING AND ABETTING UNLICENSED PRACTICE. A provider shall not aid or abet an unlicensed individual to engage in the practice of alcohol and drug counseling. A provider who supervises a student as part of an alcohol and drug counseling practicum is not in violation of this section. Properly qualified individuals who administer and score […]
148F.20 VIOLATION OF LAW. A provider shall not violate any law in which the facts giving rise to the violation involve the practice of alcohol and drug counseling as defined in sections 148F.001 to 148F.205. In any board proceeding alleging a violation of this section, the proof of a conviction of a crime constitutes proof […]
