Subdivision 1. General. (a) Nothing in sections 148.88 to 148.98 shall prevent members of other professions or occupations from performing functions for which they are competent and properly authorized by law. The following individuals are exempt from the licensure requirements of the Minnesota Psychology Practice Act, provided they operate in compliance with the stated exemption:
(1) individuals licensed by a health-related licensing board as defined under section 214.01, subdivision 2, or by the commissioner of health;
(2) individuals authorized as mental health practitioners as defined under section 245.462, subdivision 17; and
(3) individuals authorized as mental health professionals under section 245.462, subdivision 18.
(b) Any of these individuals must not hold themselves out to the public by any title or description stating or implying they are licensed to engage in the practice of psychology unless they are licensed under sections 148.88 to 148.98 or are using a title in compliance with section 148.96.
Subd. 2. Business or industrial organization. Nothing in sections 148.88 to 148.98 shall prevent the use of psychological techniques by a business or industrial organization for its own personnel purposes or by an employment agency or state vocational rehabilitation agency for the evaluation of the agency's clients prior to a recommendation for employment. However, a representative of an industrial or business firm or corporation may not sell, offer, or provide psychological services as specified in section 148.89, unless the services are performed or supervised by an individual licensed under sections 148.88 to 148.98.
Subd. 3. School psychologist. (a) Nothing in sections 148.88 to 148.98 shall be construed to prevent a person who holds a license or certificate issued by the Professional Educator Licensing and Standards Board in accordance with chapters 122A and 129 from practicing school psychology within the scope of employment if authorized by a board of education or by a private school that meets the standards prescribed by the Professional Educator Licensing and Standards Board, or from practicing as a school psychologist within the scope of employment in a program for children with disabilities.
(b) Any person exempted under this subdivision shall not offer psychological services to any other individual, organization, or group for remuneration, monetary or otherwise, unless the person is licensed by the Board of Psychology under sections 148.88 to 148.98.
Subd. 4. Clergy or religious officials. Nothing in sections 148.88 to 148.98 shall be construed to prevent recognized religious officials, including ministers, priests, rabbis, imams, Christian Science practitioners, and other persons recognized by the board, from conducting counseling activities that are within the scope of the performance of their regular recognizable religious denomination or sect, as defined in current federal tax regulations, if the religious official does not refer to the official's self as a psychologist and the official remains accountable to the established authority of the religious denomination or sect.
Subd. 5. Teaching and research. Nothing in sections 148.88 to 148.98 shall be construed to prevent a person employed in a secondary, postsecondary, or graduate institution from teaching and conducting research in psychology within an educational institution that is recognized by a regional accrediting organization or by a federal, state, county, or local government institution, agency, or research facility, so long as:
(1) the institution, agency, or facility provides appropriate oversight mechanisms to ensure public protections; and
(2) the person is not providing direct clinical services to a client or clients as defined in sections 148.88 to 148.98.
Subd. 6. Psychologist in disaster or emergency relief. Nothing in sections 148.88 to 148.98 shall be construed to prevent a psychologist sent to this state for the sole purpose of responding to a disaster or emergency relief effort of the state government, the federal government, the American Red Cross, or other disaster or emergency relief organization as long as the psychologist is not practicing in Minnesota longer than 30 days and the sponsoring organization can certify the psychologist's assignment to this state. The board or its designee, at its discretion, may grant an extension to the 30-day time limitation of this subdivision.
Subd. 7. Psychological consultant. A license under sections 148.88 to 148.98 is not required by a nonresident of the state, serving as an expert witness, organizational consultant, presenter, or educator on a limited basis provided the person is appropriately trained, educated, or has been issued a license, certificate, or registration by another jurisdiction.
Subd. 8. Students. Nothing in sections 148.88 to 148.98 shall prohibit the practice of psychology under qualified supervision by a practicum psychology student, a predoctoral psychology intern, or an individual who has earned a doctoral degree in psychology and is in the process of completing their postdoctoral supervised psychological employment. A student trainee or intern shall use the titles as required under section 148.96, subdivision 3.
Subd. 9. Other professions. Nothing in sections 148.88 to 148.98 shall be construed to authorize a person licensed under sections 148.88 to 148.98 to engage in the practice of any profession regulated under Minnesota law, unless the individual is duly licensed or registered in that profession.
2017 c 89 art 2 s 21; 1Sp2017 c 5 art 12 s 22; 1Sp2017 c 6 art 11 s 39
Structure Minnesota Statutes
Chapter 148 — Public Health Occupations
Section 148.01 — Chiropractic.
Section 148.02 — Chiropractors; State Board Of Examiners.
Section 148.031 — Continuing Education.
Section 148.032 — Registration In Animal Chiropractic Diagnosis And Treatment.
Section 148.033 — Animal Chiropractic Continuing Education Hours.
Section 148.035 — Separate Treatment Room Required.
Section 148.05 — License And Fee.
Section 148.06 — Application; Examination; License; Fee.
Section 148.07 — Renewal Fees; Expenses.
Section 148.09 — Independent Examination.
Section 148.10 — Licenses Revoked; New Licenses.
Section 148.102 — Reports Of State Or Local Societies.
Section 148.103 — Immunity For Reporting Or Investigating.
Section 148.104 — Cooperation During Investigations.
Section 148.106 — Peer Review Of Services And Fees.
Section 148.107 — Record Keeping.
Section 148.171 — Definitions; Title.
Section 148.181 — Board Of Nursing Membership, Vacancies, Disclosure.
Section 148.191 — Officers; Staff; Powers.
Section 148.212 — Temporary Permit.
Section 148.231 — Registration; Failure To Register; Reregistration; Verification.
Section 148.233 — Identification Of Certified Registered Nurses.
Section 148.234 — State Boundaries Consideration.
Section 148.235 — Prescribing Drugs And Therapeutic Devices.
Section 148.243 — Fee Amounts.
Section 148.251 — Nursing Program.
Section 148.261 — Grounds For Disciplinary Action.
Section 148.263 — Reporting Obligations.
Section 148.265 — Nurse Cooperation.
Section 148.266 — Disciplinary Record On Judicial Review.
Section 148.267 — Reports To Commissioner Of Health.
Section 148.281 — Violations; Penalty.
Section 148.285 — Transfer Of Assets.
Section 148.512 — Definitions.
Section 148.513 — Licensure; Protected Titles And Restrictions On Use; Exemptions.
Section 148.514 — General Licensure Requirements; Procedures And Qualifications.
Section 148.515 — Qualifications For Licensure.
Section 148.516 — Licensure By Equivalency.
Section 148.5161 — Clinical Fellowship Licensure Or Doctoral Externship Licensure.
Section 148.517 — Licensure By Reciprocity.
Section 148.5175 — Temporary Licensure.
Section 148.518 — Licensure Following Lapse Of Licensure Status.
Section 148.519 — Licensure Procedures.
Section 148.5191 — Licensure Renewal.
Section 148.5192 — Speech-language Pathology Assistants.
Section 148.5193 — Continuing Education Requirements.
Section 148.5195 — Investigation Process And Grounds For Disciplinary Action.
Section 148.5196 — Speech-language Pathologist And Audiologist Advisory Council.
Section 148.5197 — Hearing Aid Dispensing.
Section 148.5198 — Restriction On Sale Of Hearing Aids.
Section 148.52 — Board Of Optometry.
Section 148.53 — Powers Of Board.
Section 148.56 — Optometrists.
Section 148.574 — Prohibitions Relating To Legend Drugs.
Section 148.575 — Certificate Required For Use Of Legend Drugs.
Section 148.577 — Standard Of Care.
Section 148.59 — License Renewal; License And Registration Fees.
Section 148.595 — Temporary Military Permit; Fee.
Section 148.603 — Grounds For Disciplinary Action.
Section 148.604 — Reporting Obligations.
Section 148.606 — Optometrist Cooperation.
Section 148.607 — Disciplinary Actions.
Section 148.621 — Definitions.
Section 148.622 — Board Of Dietetics And Nutrition Practice.
Section 148.623 — Duties Of The Board.
Section 148.624 — Licensure; Renewal.
Section 148.625 — Application.
Section 148.626 — Continuing Education Required.
Section 148.628 — Reciprocity.
Section 148.629 — Denial, Suspension, Or Revocation.
Section 148.630 — License Required.
Section 148.632 — Exemptions; Voluntary Licensing.
Section 148.633 — Disposition Of Funds.
Section 148.634 — Prescription Protocol.
Section 148.6402 — Definitions.
Section 148.6403 — Licensure; Protected Titles And Restrictions On Use; Exempt Persons; Sanctions.
Section 148.6404 — Scope Of Practice.
Section 148.6405 — Licensure Application Requirements: Procedures And Qualifications.
Section 148.6408 — Qualifications For Occupational Therapist.
Section 148.6410 — Qualifications For Occupational Therapy Assistants.
Section 148.6412 — Licensure By Equivalency.
Section 148.6415 — Licensure By Reciprocity.
Section 148.6418 — Temporary Licensure.
Section 148.6420 — Application Requirements.
Section 148.6423 — Licensure Renewal.
Section 148.6425 — Renewal Of Licensure; After Expiration Date.
Section 148.6428 — Change Of Contact Information Or Employment.
Section 148.6430 — Delegation Of Duties; Assignment Of Tasks.
Section 148.6432 — Supervision Of Occupational Therapy Assistants.
Section 148.6435 — Coordination Of Services.
Section 148.6438 — Recipient Notification.
Section 148.6443 — Continuing Education Requirements.
Section 148.6449 — Board Of Occupational Therapy Practice.
Section 148.66 — State Board Of Physical Therapy, Duties.
Section 148.67 — State Board Of Physical Therapy; Membership Appointments, Vacancies, Removals.
Section 148.691 — Officers; Executive Director.
Section 148.70 — Applicants, Qualifications.
Section 148.705 — Application.
Section 148.706 — Physical Therapist Assistants, Aides, And Students.
Section 148.71 — Temporary Permits.
Section 148.721 — Educational Requirements For Licensed Physical Therapist.
Section 148.722 — Educational Requirements For Licensed Physical Therapist Assistant.
Section 148.723 — Examination For Licensed Physical Therapist.
Section 148.724 — Examination For Licensed Physical Therapist Assistant.
Section 148.725 — Requirements For Foreign-educated Applicants.
Section 148.735 — Cancellation Of License In Good Standing.
Section 148.736 — Cancellation Of Credentials Under Disciplinary Order.
Section 148.737 — Cancellation Of License For Nonrenewal.
Section 148.741 — Applicability Of Rules.
Section 148.75 — Disciplinary Action.
Section 148.754 — Examination; Access To Medical Data.
Section 148.755 — Temporary Suspension Of License.
Section 148.76 — Prohibited Conduct.
Section 148.78 — Prosecution, Allegations.
Section 148.7802 — Definitions.
Section 148.7803 — Prohibited Practice Or Use Of Titles; Penalty.
Section 148.7804 — Powers Of The Board.
Section 148.7805 — Athletic Trainers Advisory Council.
Section 148.7806 — Athletic Training.
Section 148.7807 — Limitations On Practice.
Section 148.7808 — Licensure; Requirements.
Section 148.7809 — License Renewal.
Section 148.7810 — Board Action On Applications.
Section 148.7811 — Change Of Address.
Section 148.7812 — Continuing Education Requirements.
Section 148.7813 — Disciplinary Process.
Section 148.7814 — Applicability.
Section 148.881 — Declaration Of Policy.
Section 148.90 — Board Of Psychology.
Section 148.905 — Duties Of The Board.
Section 148.9051 — Psychology Interjurisdictional Compact (psypact).
Section 148.907 — Licensed Psychologist.
Section 148.9075 — Exemptions To License Requirement.
Section 148.9077 — Relicensure.
Section 148.909 — Licensure For Volunteer Practice.
Section 148.9105 — Emeritus Registration.
Section 148.911 — Continuing Education.
Section 148.915 — Reciprocity.
Section 148.916 — Guest Licensure.
Section 148.925 — Supervision.
Section 148.941 — Disciplinary Action; Investigation; Penalty For Violation.
Section 148.96 — Presentation To Public.
Section 148.965 — Test Security.
Section 148.975 — Duty To Warn; Limitation On Liability; Violent Behavior Of Patient.
Section 148.98 — Rules Of Conduct.
Section 148.995 — Definitions.
Section 148.9965 — Designation Of Doula Certification Organizations By Commissioner.