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 clergy provided such services are provided within the scope of regular ministries; American Indian medicine men and women; licensed attorneys; probation officers; licensed marriage and family therapists; licensed social workers; social workers employed by city, county, or state agencies; licensed professional counselors; licensed professional clinical counselors; licensed school counselors; registered occupational therapists or occupational therapy assistants; Upper Midwest Indian Council on Addictive Disorders (UMICAD) certified counselors when providing services to Native American people; city, county, or state employees when providing assessments or case management under Minnesota Rules, chapter 9530; and staff persons providing co-occurring substance use disorder treatment in adult mental health rehabilitative programs certified or licensed by the Department of Human Services under section 245I.23, 256B.0622, or 256B.0623.
(b) Nothing in this chapter prohibits technicians and resident managers in programs licensed by the Department of Human Services from discharging their duties as provided in Minnesota Rules, chapter 9530.
(c) Any person who is exempt from licensure under this section must not use a title incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug counselor" or otherwise hold himself or herself out to the public by any title or description stating or implying that he or she is engaged in the practice of alcohol and drug counseling, or that he or she is licensed to engage in the practice of alcohol and drug counseling, unless that person is also licensed as an alcohol and drug counselor. Persons engaged in the practice of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the use of one of the titles in paragraph (a).
Subd. 2. Students. Nothing in sections 148F.001 to 148F.11 shall prevent students enrolled in an accredited school of alcohol and drug counseling from engaging in the practice of alcohol and drug counseling while under qualified supervision in an accredited school of alcohol and drug counseling.
Subd. 3. Federally recognized tribes. Alcohol and drug counselors practicing alcohol and drug counseling according to standards established by federally recognized tribes, while practicing under tribal jurisdiction, are exempt from the requirements of this chapter. In practicing alcohol and drug counseling under tribal jurisdiction, individuals practicing under that authority shall be afforded the same rights, responsibilities, and recognition as persons licensed under this chapter.
2012 c 197 art 2 s 23; 2019 c 50 art 1 s 52; 2021 c 30 art 17 s 9; 2022 c 98 art 4 s 2
Structure Minnesota Statutes
Chapter 148F — Alcohol And Drug Counselors Licensing
Section 148F.01 — Definitions.
Section 148F.015 — Duties Of The Board.
Section 148F.02 — Duty To Maintain Current Information.
Section 148F.025 — Requirements For Licensure.
Section 148F.03 — Reciprocity.
Section 148F.035 — Temporary Permit.
Section 148F.04 — Supervised Postdegree Professional Practice.
Section 148F.045 — Alcohol And Drug Counselor Technician.
Section 148F.05 — License Renewal Requirements.
Section 148F.055 — Expired License.
Section 148F.06 — Voluntary Termination.
Section 148F.065 — Relicensure Following Termination.
Section 148F.07 — Inactive License Status.
Section 148F.075 — Continuing Education Requirements.
Section 148F.08 — Sponsor's Application For Approval.
Section 148F.085 — Nontransferability Of Licenses.
Section 148F.09 — Denial, Suspension, Or Revocation Of License.
Section 148F.095 — Additional Remedies.
Section 148F.10 — Cooperation.
Section 148F.105 — Prohibited Practice Or Use Of Titles; Penalty.
Section 148F.11 — Exceptions To License Requirement.
Section 148F.125 — Competent Provision Of Services.
Section 148F.13 — Protecting Client Privacy.
Section 148F.135 — Private Information; Access And Release.
Section 148F.14 — Informed Consent.
Section 148F.145 — Termination Of Services.
Section 148F.15 — Record Keeping.
Section 148F.155 — Impaired Objectivity Or Effectiveness.
Section 148F.16 — Provider Impairment.
Section 148F.165 — Client Welfare.
Section 148F.17 — Welfare Of Students, Supervisees, And Research Subjects.
Section 148F.175 — Medical And Other Health Care Considerations.
Section 148F.18 — Assessments; Tests; Reports.
Section 148F.185 — Public Statements.
Section 148F.19 — Fees; Statements.
Section 148F.195 — Aiding And Abetting Unlicensed Practice.
Section 148F.20 — Violation Of Law.