Minnesota CHAPTER 5300 BOARD OF MFT – Flashcards

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5300.0100 DEFINITIONS.
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DEFINITIONS. Subpart 1. Scope. For the purpose of this chapter, unless the context otherwise requires, the following terms have the meanings given.
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5300.0110 LICENSE REQUIREMENT
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Subpart 1. License required. No person, other than those individuals exempt in, shall engage in marriage and family therapy practice, advertise the performance of such services, or use a title or description denoting marriage and family therapist without obtaining a license issued under Minnesota Statutes, sections , and this chapter. Subp. 2. Engaging in marriage and family therapy practice, defined. An individual engages in marriage and family therapy practice if the individual performs or offers to perform marriage and family therapy or if the individual is presented as one who is able to perform such a service.
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5300.0120 EXCEPTIONS TO LICENSE REQUIREMENT.
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148B.38, those qualified individuals of other licensed or certified Marriage and family therapist, marriage therapist, family therapist, marriage and family counselor, marriage counselor, or family counselor unless specifically allowed to do so. may advertise their qualifications to perform marriage and family therapy services.
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5300.0130 REQUIREMENTS FOR LICENSURE AS A LICENSED MARRIAGE AND FAMILY THERAPIST
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Subpart 1. Requirements. To be eligible for licensure, an applicant must meet the following requirements: A. complete the education requirement B. age of 18 C. complete the experience requirements D. provide evidence of meeting the requirements of (2), through endorsements from at least two individuals with the qualifications in part 5300.0230; E. agree to conduct all professional activities as a licensed marriage and family therapist in accordance with the code of ethics f F. pass the national and state examinations listed in part 5300.0240. Subp. 2. Denial of licensure to applicant. An applicant who fails to meet all requirements in this part shall be denied a license.
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5300.0135 REQUIREMENTS FOR LICENSURE AS A LICENSED ASSOCIATE MARRIAGE AND FAMILY THERAPIST.
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Subpart 1. Requirements. To be eligible for licensure, an applicant must meet the following requirements: A. complete the education requirements in Minnesota Statutes, section 148B.33, subdivision 1, clause (5), and defined in part 5300.0140; B. be 18 years of age; C. agree to conduct all professional activities as a licensed associate marriage and family therapist as specified in the code of ethics for marriage and family therapists in part 5300.0350; and D. pass the national examination as listed in part 5300.0240. Subp. 2. Denial of licensure to applicant. An applicant who fails to meet all requirements in this part shall be denied a license
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5300.0140 EDUCATIONAL REQUIREMENTS; DETERMINATION OF EQUIVALENT DEGREE.
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Subpart 1. Evaluation by board. In determining whether an applicant holds a master's or doctoral degree that is equivalent to degrees described in Minnesota Statutes, section 148B.33, subdivision 1, clause(5)(i), the board shall evaluate the applicant's transcripts, documentation from the educational institution that describes the substance and purpose of the applicant's academic training, accreditation and other professional recognition of the educational institution by regional accrediting bodies, and other necessary information as determined by the board. All requested documentation must be sent directly from the educational institution to the board. Subp. 2. Degrees; course work requirements. A master's or doctoral degree, or postdegree graduate certificate or coursework, is equivalent to a master's or doctoral degree in marriage and family therapy if the degree or graduate coursework is from a regionally accredited institution, if the degree or graduate coursework is in a related subject field including mental health, family studies, or human development, and if the degree contains the following coursework: A. nine semester hours in human development covering human development over the life span, child and adolescent or adult development, human behavior, personality theory, human sexuality, psychopathology including the assessment and diagnosis of child, adolescent, and adult mental illness, and behavioral disorders; B. nine semester hours in marital and family studies covering theories of family development, theories of family functioning, the family life cycle, sociology of the family, including gender, race, ethnicity, class, and religion, families under stress, contemporary family forms, family subsystems, and theories of marital and family interaction; C. nine semester hours in marital and family therapy covering marital and family communication, family psychology, couples or family therapy, methods of intervention, couples or family assessment, treatment planning, and sex therapy, all informed by current research and professional standards of practice. Foundational theories of marriage and family therapy and other emerging models of therapy are included in these hours; D. three semester hours in research covering current research design, methods, statistics, and special issues research in marital and family studies or a related mental health field; E. three semester hours in ethical and professional studies covering professional ethics, family law, professional socialization, professional organizations, legal issues, and interprofessional cooperation; and F. a clinical practicum in marriage and family therapy of at least 300 hours of clinical client contact including assessment, diagnosis, and treatment of individuals, couples, and families. Of the 300 hours, at least 150 hours must be with couples, families, or similar relational groups. This clinical experience must be supervised on site or at the academic institution by a licensed marriage and family therapist or an American Association for Marriage and Family Therapy approved supervisor. Four quarter credit hours shall be equivalent to three semester hours in meeting the requirements in items A to E. This curriculum may be completed during the qualifying master's or doctoral degree programs; or additional course work may be taken at a college or university accredited by a regionally accredited educational institution after receiving the graduate degree in order to fulfill the requirements for each of the areas described in items A to F. An applicant may not use a course for more than one area described in items A to F. Subp. 3. Proof of equivalency. The burden is on the applicant to prove by a preponderance of the evidence that the coursework is equivalent to the requirements in subpart 2.
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5300.0145 DEGREES FROM FOREIGN INSTITUTIONS.
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ived from a foreign degree program or from a foreign institution of higher education shall demonstrate to the satisfaction of the board that the degree meets the requirements of part 5300.0140. The applicant shall provide the board with a comprehensive evaluation of the degree performed by a credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) and any other documentation the board deems necessary. The evaluation must be sent directly to the board from the evaluating agency. The applicant shall be responsible for the expenses incurred as a result of the evaluation
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5300.0150 EXPERIENCE REQUIREMENTS FOR PERSONS ELIGIBLE TO COMMENCE POSTGRADUATE SUPERVISED EXPERIENCE PRIOR TO AUGUST 1, 2016.
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Subpart 1. Supervised experience required. The two years supervised, postgraduate experience required by Minnesota Statutes, section 148B.33, subdivision 1, clause (4), must meet the requirements in subparts 2 to 6. Subp. 2. Years of experience; computation. In calculating two years of supervised postgraduate not less than 4,000 hours of supervised experience including at least 1,000 hours of clinical client contact including the assessment, diagnosis, and treatment of mental illness, and cognitive, emotional, and behavioral disorders. Subpart 3 with 200 hours of clinical supervision by a board-approved, Minnesota licensed MFT supervisor over not less than 24 months. All additional work used to complete this 4,000 hours must be supervised in a legal and ethical manner by a licensed mental health professional Subp. 3. Clinical client contact; requirements. The applicant must document at least 500 hours of clinical client contact in working with couples, families, or other relational groups. This contact shall include experience in the assessment, diagnosis, and treatment of mental illness and cognitive, emotional, and behavioral disorders. Subp. 4. Supervision; setting. The supervision by a board-approved, Minnesota licensed marriage and family therapist supervisor shall take place in individual and group settings, according to items A and B. A. The individual supervision not more than two supervisees . B. The group supervision shall take place in a setting in which a supervisor and not more than six. Subp. 5. Supervision requirements. Supervision must involve: A. at least 200 hours of contact between the supervisor and supervisee of which at least 150 hours must be face-to-face; no more than 50 hours of supervision may be received via secure synchronous electronic means; B. at least 100 hours of contact between the supervisor and supervisee must be in an individual setting; C. no more than 100 hours of supervision may be logged toward the 200-hour requirement in item A in any 12-month period; and D. a focus on the raw data from the supervisee's clinical work that is made directly available to the supervisor through means of written clinical materials, direct observation, audio or video recordings,or other reporting methods. Subp. 6. Verifying supervised experience. A supervisee must verify the required supervised experience by completing a form supplied by the board. The form must be signed by the applicant's supervisor. The form must include the setting, nature, and extent of the supervised experience, the time period involved, the number of hours of clinical client contact, the number of hours of supervision, and the name and qualifications of the board-approved supervisor.
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5300.0155 EXPERIENCE REQUIREMENTS SUPERVISED EXPERIENCE ON OR AFTER 8/01/16
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Subpart 1. Supervised experience required. The two-year supervised, postgraduate experience required by Minnesota Statutes, section 148B.33, subdivision 1, clause (4), must meet the requirements in subparts 2 to 6. Subp. 2. Application to written examination. Within six months of commencement of the supervised experience, an applicant must apply to the board to take the national examination specified in part 5300.0190. Subp. 3. Years of experience; computation. The postgraduate experience shall include not less than 4,000 hours, and must be completed in no less than two and no more than seven years from the filing of the application to take the national examination. This experience must include the following: A. A minimum of 1,000 hours of clinical client contact supervised by a board-approved, Minnesota-licensed marriage and family therapist supervisor. The 1,000 hours shall include at least 500 hours of face-to-face therapy with couples, families, or similar relational groups. B. A minimum of 200 hours of supervision as described in subpart 4. C. No more than 2,800 hours supervised by a licensed mental health professional as defined in Minnesota Statutes, section 245.462 or 245.4871. This experience shall include the assessment, diagnosis, and treatment of mental illness, and cognitive, emotional, and behavioral disorders, as well as all other professional responsibilities permanently maintained by the applicant. Subp. 4. Supervision requirements. The 4,000 hours of postgraduate experience must comply with the following requirements: A. All clinical client contact must be supervised by a board-approved, Minnesota-licensed marriage and family therapist supervisor. The supervision must be obtained at an average rate of one hour of supervision per five hours of clinical client contact, for a minimum total of 200 hours of supervision. B. No more than 100 hours of supervision may be logged in any 12-month period to be accepted toward the licensure requirement and must comply with the average rate of supervision stated in item A. C. At least 100 hours of supervision shall be received in an individual setting. The remaining 100 hours may be received in a group setting. For purposes of this paragraph, individual supervision is defined as a setting in which the supervisor and no more than two supervisees are present. Group supervision is defined as a setting in which the supervisor and no more than six supervisees are present. D. Up to 25 percent of the required supervision may be received via secure, synchronous electronic means. E. Supervisees must make data from their clinical work directly available to the supervisor through written clinical materials, direct observation, audio or video recordings, or other reporting methods. Subp. 5. Verification of supervised experience. A supervisor must verify all supervised experience by completing a form supplied by the board. The form must be signed by the supervisor. The form must include the setting, nature, and extent of the supervised experience, the time frame of the supervision, the number of hours and type of clinical client contact, the number of hours of supervision, and the name and credentials of the supervisor. The supervisor must attest that the performance, competence, and adherence to the standards of practice and ethical conduct of the supervisee are satisfactory.
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5300.0160 REQUIREMENTS FOR SUPERVISOR
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5300.0160 REQUIREMENTS FOR SUPERVISOR. Subpart 1. Requirements. A supervisor is acceptable to the board if the supervisor was listed by the board under this part prior to August 1, 2016, except that those supervisors must meet the continuing education requirement specified in part 5300.0170, item D. After August 1, 2016, new supervisors are acceptable to the board if the supervisor meets the requirements of either subpart 2 or 3. Subp. 2. Board-approved supervisor requirements. An applicant for board-approved LMFT supervisor status will be approved by the board if the applicant: A. is licensed as a marriage and family therapist in Minnesota; B. has at least four years and 4,000 hours of experience in clinical practice as a licensed marriage and family therapist; and C. provides evidence of training in supervision. Evidence must be shown through completion of a board-approved MFT supervisor training course equivalent to three semester hours from a graduateprogram of a regionally accredited institution, 30 hours of an AAMFT-approved supervisor training course, or 30 hours of coursework in a board-approved MFT supervision education course. Subp. 3. AAMFT-approved supervisor status. An applicant for board-approved LMFT supervisor status will be approved by the board if the applicant is designated an approved supervisor by the American Association for Marriage and Family Therapy (AAMFT). Subp. 4. Application. An application for board-approved LMFT supervisor status must be filed with the board prior to approval of supervisor status by the board.
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5300.0170 RESPONSIBILITIES OF SUPERVISOR
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A supervisor must: A. be knowledgeable of current clinical skills required for effective delivery of marriage and family therapy services; B. be knowledgeable of current literature in the field of marriage and family therapy, including professional ethics, and be knowledgeable of the basic skills and service delivery of supervision; C. see that all supervised work is conducted in an appropriate professional setting, with adequate administrative and clerical controls, so as to assure the quality and competency of supervised activities; and D. devote at least ten percent of the required continuing education hours to supervision training and skills.
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5300.0175 LICENSURE PROCESS FOR LICENSED ASSOCIATE MARRIAGE AND FAMILY THERAPISTS
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A licensed associate marriage and family therapist is one who has completed the educational requirements in part 5300.0140 and who has passed the national examination specified in part 5300.0240. A licensed associate marriage and family therapist must practice under the supervision of a board-approved LMFT supervisor as specified in parts 5300.0160 and 5300.0170. A licensed associate marriage and family therapist must observe all laws and rules that govern the practice of licensed marriage and family therapists. The licensed associate marriage and family therapist status shall be granted for one year upon completion of the board's application form and payment of the required fee. Licensed associate marriage and family therapist status may be renewed on a yearly basis for up to six additional years. An applicant must apply for a licensed associate marriage and family therapist license upon receiving notice of passage of the national examination specified in part 5300.0240.
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5300.0180 LICENSURE PROCESS LMFT
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Two separate parts: A. Completion of national exam following educational requirements; and B. Successful completion of the state exam, following experience requirements.
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5300.0190 PROCEDURES FOR ADMISSION TO WRITTEN EXAMINATION.
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Subpart 1. To be admitted to the national examination, submit A to D. A. Notarized application for admission to the national including: (1) Photo of applicant; and (2) Affirmation by the applicant that the statements are true and correct. B. The applicant must submit the required, nonrefundable fee to the Board, C. The applicant must submit official transcripts of all post baccalaureate education. (1) Demonstrate that the degree, program, or coursework documented meets the requirements. (2) Regionally school at the time coursework is completed. D. An applicant for licensure must inform the board any changes in name or contact info Subp. 2. The board has authority to verify the authenticity of the information Subp. 3. Time requirements. complete the application for admission to the national examination within sixmonths from the date the board receives the application Subp. 4. Upon the board's approval of an application an applicant is authorized to register for the national examination. Subp. 5. The board shall deny an applicant admission to the national examination if requirements are not met subpart 1, item A. The board shall notify the applicant of the denial and state the reasons for the denial. Any subsequent application for must be accompanied by the fee.
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5300.0200 PROCEDURES FOR APPLICATION FOR STATE LMFT LICENSURE.
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Subpart 1. Information required. To be eligible for licensure, an applicant must submit to the board the information in items A to E. A. The applicant must submit evidence of having passed the national examination in part 5300.0240, subpart 3. B. The applicant must submit a completed, notarized application for licensure on a form provided by the board. The application must include an affirmation by the applicant that the statements in the application are true and correct to the best knowledge of the applicant and an agreement by the applicant that the applicant will conduct all professional activities as a licensed marriage and family therapist according to the code of ethics in part 5300.0350. C. The applicant must submit the required, nonrefundable application for licensure fee specified in Minnesota Statutes, section 148B.17, subdivision 2, made payable to the Minnesota Board of Marriage and Family Therapy. D. The applicant must submit completed forms provided by the board, verifying the applicant's postgraduate, supervised experience, conforming to the requirements of part 5300.0150, subpart 6, or 5300.0155, subpart 5. E. The applicant must submit two endorsements attesting to the applicant's professional and ethical character. The endorsements must be completed and signed by individuals who meet the requirements for endorser under part 5300.0230, subparts 1 and 2. The endorsements must be on forms provided by the board. Subp. 2. Verification of information; board's powers. The board has authority to verify the authenticity of the information in the application for licensure and to require the applicant to provide verification. Subp. 2a. Time requirements. An applicant's file shall be closed if the applicant fails to complete the application for licensure and provide all information required within six months from the date the board receives the application or requests additional information from the applicant. An application for licensure submitted following closure of a prior file is considered a new application for licensure and must be accompanied by the fee for application for licensure as specified in Minnesota Statutes, section 148B.17, subdivision 2. Subp. 3. Denial of application for licensure. An applicant who fails to meet all the requirements in subpart 1 shall be denied licensure. An applicant who is denied licensure shall be informed in writing of the denial and the reasons for it. An application for licensure submitted following denial is considered a new application for licensure and must be accompanied by the fee for application for licensure specified in Minnesota Statutes, section 148B.17, subdivision 2.
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5300.0230 REQUIREMENTS FOR ENDORSEMENT.
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Subpart 1. Endorser; requirements. For an endorsement to meet the requirements of parts 5300.0130, subpart 1, item D, and 5300.0200, subpart 1, item E, the endorser must: A. be licensed by the board as a LMFT; or B. be licensed to practice marriage and family therapy in another jurisdiction whose licensure standards are equivalent to or exceed the requirements for licensure in Minnesota. Subp. 2. Limitations. An endorser must not be an employee, client, former client, or be related in any way to the applicant
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5300.0240 EXAMINATION METHODS; SUBJECTS AND PROCEDURES.
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Subpart 1. National and state examination required. Examination of an applicant for a license as a marriage and family therapist consists of: A. a national examination designed and scored by a professional examination service approved by the Association of Marriage and Family Therapy Regulatory Boards; and B. a state licensure examination provided by the board. Subp. 2. Examination fee. An applicant who is admitted to the national examination under part 5300.0190 must pay an examination fee directly to the test administrator before taking the examination.Subp. 3. National part of examination. The national examination is the examination approved by the Association of Marriage and Family Therapy Regulatory Boards. The national examination shall be offered on dates established by the Association of Marriage and Family Therapy Regulatory Boards. Subp. 4. State part of examination. The state examination of an applicant for licensure shall be conducted according to methods determined by the board. The state examination of an applicant shall take place after the applicant's application for licensure has been approved by the board. The state examination of an applicant shall cover: A. the applicant's knowledge of the statutes and rules governing marriage and family therapists; B. the applicant's knowledge of the code of ethics; C. the applicant's awareness of the responsibilities to the board and to the public; and D. other practice-related areas. Subp. 5. [Repealed, 41 SR 87] Subp. 6. Passing score required on examination. The passing score of the national examination is determined by the Association of Marriage and Family Therapy Regulatory Boards. The passing score for the state examination shall be determined by the board. An applicant must pass both parts of the examination to qualify for licensure as a marriage and family therapist. Subp. 7. Reexamination permitted. An applicant who has failed the national or state examination may be reexamined, but not more than five times without a variance. Each time an applicant is reexamined on the national examination, the applicant must pay an examination fee
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5300.0250 RECIPROCITY.
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Subpart 1. Other states or countries recognized. The board shall issue a marriage and family therapist license to an individual who holds a current license as a marriage and family therapist from another jurisdiction if the board determines that the standards for licensure in effect when the individual was licensed in the other jurisdiction are at least equivalent to or exceed the current requirements for licensure in Minnesota. If an applicant for licensure by reciprocity has been licensed continuously as a marriage and family therapist in a United States jurisdiction for the five years preceding the application, the educational requirements for licensure are considered satisfied. If licensed for any period less than five years, the board will determine whether educational requirements are satisfied. If an applicant for licensure by reciprocity has been licensed continuously as a marriage and family therapist in a United States jurisdiction for the five years preceding the application, and the jurisdiction has taken no adverse action against that license, the postgraduate, supervised clinical experience requirements are considered satisfied. If licensed for any period less than five years, or if adverse action against the license has been taken, the board shall determine whether the experience requirements for licensure are satisfied. If an applicant for licensure by reciprocity was licensed in another jurisdiction without passing the national examination specified in part 5300.0240, subpart 3, but meets all other Minnesota requirements, theapplicant may submit an application for licensure by reciprocity, and must also pass the national examination according to part 5300.0240, subpart 6, before the reciprocity application may be approved. All applicants for licensure by reciprocity must pass the state examination specified in part 5300.0240, subpart 4. Subp. 2. Application required. An individual who holds a current license as a marriage and family therapist from another jurisdiction must file a completed application for licensure by reciprocity and must pay the fee for application for licensure by reciprocity specified in Minnesota Statutes, section 148B.17, subdivision 2. The application must be on a form provided by the board. The application must include a notarized statement that the information in the application is true and correct to the best knowledge of the applicant and an agreement by the applicant that the applicant will conduct all professional activities according to the code of ethics in part 5300.0350. Subp. 3. Verification from other jurisdiction required. The applicant must direct the licensing entity in the jurisdiction in which the license is held to send to the board directly a statement that the license is in effect and in good standing on a form provided by the board, and a copy of the state's current licensing law and rules. Subp. 4. Discipline in another jurisdiction; effect on licensing. The board may refuse to grant a license or may impose disciplinary action as described in Minnesota Statutes, section 148B.37, subdivision 1, for: A. revocation, suspension, restriction, limitation, or other disciplinary action against the applicant's license in another jurisdiction; B. failure to report to the board that charges regarding the applicant's license have been brought in another jurisdiction; or C. having been refused a license by another jurisdiction. Subp. 5. Proof of equivalency. The burden is on the applicant to establish, by a preponderance of the evidence, that the standards for licensing in effect when the individual was licensed in the other jurisdiction are at least equivalent to or exceed the current licensing requirements in Minnesota
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5300.0260 TERM OF LICENSE.
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Subpart 1. Effective date. A license is valid for the period beginning with the date on which the license is originally granted and effective immediately upon the board's issuance of the initial license and payment of the initial license fee. Subp. 2. Initial licensure period; term of license. A. An initial license of marriage and family therapy granted by the board is valid for a period beginning with the effective date in subpart 1 and ending on the date indicated on the license card issued by the board. Thereafter, the license is renewable for a one-year period. The license must be renewed according to the procedures in part 5300.0280. B. An initial license of associate marriage and family therapy granted by the board is valid for a period beginning with the effective date in subpart 1 and ending on the date indicated on the license card issued by the board. Thereafter, the license is renewable for a one-year period and may be renewed for up to six additional years.
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5300.0280 RENEWAL OF LICENSE.
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Subpart 1. Renewal every year. A license issued by the board must be renewed every year upon the payment of the required renewal fee, completion of a renewal application, and attestation to completion ofthe continuing education requirements in part 5300.0320. Subp. 2. Notice of renewal. The board shall send the licensee a renewal notice identifying the amount of the renewal fee. The notice shall be sent to the licensee's last known address on record with the board. The notice may be sent electronically. Failure to receive the renewal notice does not relieve the licensee of the obligation to renew the license. Subp. 3. Renewal application required. The licensee must complete the renewal application required by the board. The licensee must complete the renewal application so that the application ispostmarked or electronic renewal is completed on or before the expiration date of the current license. Subp. 4. Fee. The renewal fee must accompany the renewal application for the renewal application to be complete. Subp. 5. Affirmation. The renewal application must include a statement by the licensee that the information in the application is true and correct to the best knowledge and belief of the licensee. Subp. 6. Late fee. A licensee must pay a late renewal fee and the renewal fee specified by the board if the licensee's application for renewal is postmarked after the expiration date of the license, or received by the board by non postal means after the expiration of the license, but is postmarked or received within 30 days of the license expiration date.
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5300.0290 FAILURE TO RENEW.
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Subpart 1. Procedures. The following procedure applies if a licensee fails to submit the renewal application according to part 5300.0280. Subp. 2. Expiration of license. If the licensee fails to submit to the board the required renewal application, required continuing education information, or the renewal and late renewal fees specified by the board within 30 days after the license expiration date, the license expires and the licensee's right to practice terminates. A. The board shall mail to the former licensee a written notice that the license has expired and the licensee's right to practice has terminated. The board shall send the notice to the licensee's last known address on record with the board. B. A license that expired under this part may be reinstated under part 5300.0300.
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5300.0300 REINSTATEMENT OF LICENSE.
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Subpart 1. Requirements for reinstatement. A former licensee seeking reinstatement of a license that has expired under part 5300.0290 may be reinstated if: A. no fact, circumstance, or condition exists which, if the license were reinstated, would justify its revocation or suspension; B. the former licensee verifies that the former licensee has not engaged in the practice of marriage and family therapy in any jurisdiction, or used a title denoting marriage and family therapist since expiration of the license unless also licensed in another jurisdiction. The verification must be accompanied by a notarized affirmation that the statement is true and correct to the best knowledge and belief of the former licensee; C. the former licensee submits to the board a completed application for reinstatement on a form provided by the board; D. the former licensee pays the reinstatement fee and required renewal fees specified by the board; E. the former licensee includes with the application for reinstatement a letter stating the reasons for applying for reinstatement; and F. the former licensee Subp. 2. Expiration of less than five years. A former licensee whose license expired less than five years previous to the application for reinstatement must: A. submit evidence continuing education requirements that would have applied if the license had not expired; and B. pay renewal fee , for each annual license term the license was expired. Subp. 3. Expiration of five years or more. A. meet the current education and experience requirements ; B. retake national examination and state exam C. submit evidence of meeting a minimum of five years of the continuing education requirements Subp. 4. Practice without a license is subject to denial of reinstatement or disciplinary action at the time of reinstatement. Nothing in this sub part precludes the board from seeking injunctive relief for the unauthorized practice of marriage and family therapy or from referring the matter to criminal law enforcement Subp. 5. Effect of reinstatement. Upon reinstatement, the licensee shall be assigned the same license number which the licensee was assigned before expiration of the license.
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5300.0310 VOLUNTARY TERMINATION OF LICENSE.
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License may be voluntarily terminated upon written request to the board, UNLESS complaint is pending . The board must receive the request to terminate before expiration of the license for failure to renew under part 5300.0290. voluntarily terminated license may be re licensed by complying with requirements for reinstatement .
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5300.0315 EMERITUS LICENSE STATUS.
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Age 62 and retired from the active practice, may apply emeritus status: A. By indicating on renewal form or, write to the Board; B. Not subject to current disciplinary action C. Paying the onetime fee. Subp. 2. Limit on practice. A licensee who has emeritus status will not practice as MFT or M.H. professional Subp. 3. Continuing education not required. Subp. 4. Reactivating license. In the exceptional case that a marriage and family therapist granted more than five years ago, the license may be reactivated only as specified in part 5300.0300 .
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5300.0320 CONTINUING EDUCATION REQUIREMENTS.
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Subpart 1. Purpose of continuing education. The purpose of mandatory continuing education is to: A. promote the health and safety of the residents of Minnesota who receive services from licensees; and
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5300.0330 REFUSAL TO GRANT LICENSE, SUSPENSION, OR REVOCATION OF LICENSE
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Subpart 1. Board authority. The board shall refuse to grant a license, or shall suspend, revoke, condition, limit, qualify, or restrict the license of an individual according to Minnesota Statutes, subdivision 1. Subp. 2. Conviction of crime. (2), the crimes that the board determine to be unfit to practice MFT Subp. 3. Probation. under the following circumstances: A. In lieu of, or in addition to, any order of the board suspending, revoking, or otherwise acting against the license of any licensee; or B. A s a condition of restoring any license suspended, revoked, or otherwise acted against by the board. Subp. 4. Suspended or revoked license; return to the board. A licensee whose license has been suspended or revoked must return the license and evidence of current license renewal to the board office by registered or certified mail postmarked within three days after the effective date of the board's order of suspension or revocation. Failure to return the license and evidence of current license renewal is grounds for the board's denial of any subsequent restoration of a license according to Minnesota Statutes, section 148B.37, subdivision 2. Subp. 5. Restoring a license. The board shall restore a license according to Minnesota Statutes, subdivision 2. A licensee whose license has been revoked or suspended and subsequently restored by the board must comply with the requirements for reinstatement in part 5300.0300 and must pay the reinstatement fee in Minnesota Statutes, section 148B.17, subdivision 2.
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5300.0340 VARIANCE.
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Subpart 1. Variance; when allowed. A licensee or applicant may petition the board in writing for a variance from this chapter, except if the rule incorporates a statutory requirement. A variance shall be granted if the board determines that the licensee or applicant has specified alternative practices or measures equivalent to or superior to the rule in question and if the licensee or applicant provides evidence that: A. the rationale for the rule in question can be met or exceeded by the specified alternative practices or measures; B. adherence to the rule would impose an undue burden on the licensee or applicant; and C. the granting of the variance will not adversely affect the public welfare. Subp. 2. Petition; requirements. A petition for a variance must contain the following information: A. the specific rule for which the variance is requested; B. the reason for the request; C. the alternative practices or measures that will be taken if a variance is granted; and D. the length of time for which a variance is requested. Subp. 3. Alternatives must be followed. A licensee or applicant who is granted a variance must comply with the alternative practices or measures specified in the petition for the variance. Subp. 4. Notice of change; revocation. A licensee or applicant who has been granted a variance must immediately notify the board of any material change in the circumstances that justified the variance. A variance shall be revoked if there is a material change in the circumstances that justified the granting of the variance. Subp. 5. Burden of proof. The burden of proof is upon the licensee or applicant to demonstrate to the board, by a preponderance of the evidence, that the requirements in subparts 1 and 2 have been met. Subp. 6. Notice of variance; denial; revocation. The board shall notify the licensee or applicant in writing when the board grants, denies, or revokes a variance. The notice must specify the reasons for the action. If a variance is granted, the notification must state the period of time for which the variance is effective, if required, and must state alternative practices or measures the licensee or applicant must meet.
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5300.0350 CODE OF ETHICS.
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1. Scope. The code of ethics applies to all providers who practice marriage and family therapy and applies to their conduct during the period of education, training, and employment required for licensure.
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5300.0355 ASSESSMENTS, TESTS, REPORTS.
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Subpart 1. Basis for assessments. When a therapist conducts assessments within the scope of the therapist's training and experience, the therapist must meet the requirements in items A to C. A. The therapist shall base an assessment on records, information, observations, and techniques sufficient to substantiate clinical findings. B. Except as permitted in item C, the therapist shall render opinions regarding individuals only after the therapist has conducted an examination of the individual that is adequate to support the therapist's statements or conclusions, unless an examination is not practical despite reasonable efforts. C. The therapist may limit assessments to reviewing records or providing testing services when an individual examination is not warranted or necessary for the opinion requested. Subp. 2. Administration and interpretation of tests. Therapists shall use tests as described in items A to E. A. Standardized tests are preferred over non standardized tests. B. All tests must be administered and responses must be recorded, scored, and interpreted based on practice or scientific foundations. C. If a test is used in a nonstandard manner, the limitations of the test and the reasons for its nonstandard use must be clearly stated in the report. D. A test's reliability, validity, and normative data must be taken into account in its selection, use, and interpretation. E. The reliability and validity of test statements and interpretations in reports are the responsibility of the therapist, including when automated testing services are used. Subp. 3. Reports. The provision of a written or oral report, including testimony of a therapist as an expert witness and letters to third parties concerning the mental, behavioral, or emotional health or state of a client, must be based on information and techniques sufficient to substantiate the therapist's findings. The therapist shall be fair and accurate and shall guard against making unsubstantiated statements or providing unsubstantiated opinions, interpretations, or recommendations in a report. The report must include: A. a description of all assessments, evaluations, or other procedures, including materials reviewed, upon which the therapist's conclusions are based; B. any reservations or qualifications concerning the validity or reliability of the opinions and conclusions formulated and recommendations made, taking into account the conditions under which the procedures were carried out, including any nonstandard use of a test, the limitations of scientific procedures and descriptions, base rate and baseline considerations, and the impossibility of absolute predictions; C. a statement concerning any discrepancy, disagreement, or inconsistent or conflicting information regarding the circumstances of the case that may have a bearing on the therapist's conclusions; D. a statement of the nature of and reasons for any use of a test that differs from the purposes, populations, or referral questions for which it has been designed or validated, or that is administered, recorded, scored, or interpreted in other than a standard and objective manner; and E. a statement indicating whenever any test interpretation or report conclusion is not based on direct contact between the therapist and the client. Subp. 4. Private information. A test result or interpretation regarding an individual is private information.
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5300.0270 DISPLAY OF LICENSE.
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A licensed marriage and family therapist or licensed associate marriage and family therapist must display evidence of current license status in a conspicuous place in the therapist's office, or place of business or employment. This requirement may be satisfied by display of the initial licensure certificate issued by the board or the annual licensure card issued by the board. Evidence of current renewal will be provided by the board upon renewal of the license. A duplicate license shall be issued to a licensee after the licensee requests a duplicate license from the board and pays the duplicate license fee .
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