Child life specialists licensure establishment, rulemaking permittance, and civil and criminal penalties provisions

A bill for an act

relating to health occupations; establishing licensure for certified child life

specialists; permitting rulemaking; providing for civil and criminal penalties;

proposing coding for new law as Minnesota Statutes, chapter 148H.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[148H.001] SCOPE; EFFECTIVE DATE.

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(a) This chapter applies to all applicants and licensees, all persons who use the title

licensed certified child life specialist, and all persons in or out of Minnesota who provide

licensed certified child life specialist services to clients who reside in Minnesota, unless

there are specific applicable exemptions provided by law.

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(b) This chapter is effective July 1, 2027.

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Sec. 2.

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[148H.01] DEFINITIONS.

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Subdivision 1.

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Scope.

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For purposes of this chapter, the following terms have the meanings

given.

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Subd. 2.

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Advisory council.

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"Advisory council" means the Certified Child Life Specialist

Advisory Council established in section 148H.14.

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Subd. 3.

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Board.

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"Board" means the Board of Social Work created under section

148E.025.

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Subd. 4.

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Certification.

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"Certification" means the formal recognition by the Child Life

Certification Commission of the knowledge, skills, education, and experience demonstrated

by the achievement of standards identified by the Child Life Certification Commission and

the Association of Child Life Professionals.

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Subd. 5.

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Certified child life specialist.

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"Certified child life specialist" means an

individual who holds current and valid certification as a child life specialist from the Child

Life Certification Commission.

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Subd. 6.

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Certified child life specialist practice.

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"Certified child life specialist practice"

means providing developmentally appropriate interventions to mitigate the negative effects

of stress and trauma on children and families within the training, professional competencies,

and experience of the certified child life specialist and within the parameters of the standards

established by the Child Life Certification Commission. Certified child life specialist practice

includes but is not limited to:

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(1) evaluating the developmental and psychosocial needs of children and families;

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(2) establishing therapeutic relationships to build trust and support children and families;

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(3) providing and facilitating therapeutic play opportunities to decrease distress and

promote healing;

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(4) creating safe, therapeutic environments that promote emotional healing and

development;

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(5) supporting children and families in coping with stressful events through

evidence-based interventions; and

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(6) providing developmentally appropriate preparation and education for potentially

stressful experiences.

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Subd. 7.

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Direct supervision.

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"Direct supervision" means one-on-one supervision by a

supervisor of a supervisee that allows for personalized feedback, case review, and

professional development.

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Subd. 8.

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Independent practice.

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"Independent practice" means engaging in certified

child life specialist practice without direct supervision by a licensed certified child life

specialist or without being employed in a setting that provides appropriate professional

oversight and supervision.

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Subd. 9.

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Licensed certified child life specialist.

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"Licensed certified child life specialist"

means an individual who holds a valid license under this chapter to engage in independent

certified child life specialist practice.

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Subd. 10.

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Supervision or supervised practice.

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"Supervision" or "supervised practice"

means a professional relationship between a supervisor and a supervisee in which the

supervisor oversees and evaluates a supervisee's postdegree certified child life specialist

practice.

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Subd. 11.

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Supervisor.

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"Supervisor" means an individual who meets the requirements

under section 148H.09, subdivision 1.

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Sec. 3.

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[148H.02] DUTIES OF THE BOARD OF SOCIAL WORK.

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Subdivision 1.

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General.

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The board, in consultation with the advisory council, must:

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(1) issue licenses to qualified individuals under this chapter;

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(2) adopt and enforce standards for licensure, licensure renewal, continuing education,

and regulation of certified child life specialists;

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(3) monitor compliance with licensing standards;

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(4) carry out disciplinary actions against licensees; and

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(5) collect nonrefundable license fees for licensed certified child life specialists.

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Subd. 2.

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Rulemaking.

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The board, in consultation with the advisory council, may adopt

rules necessary to implement the duties under subdivision 1.

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Sec. 4.

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[148H.025] LICENSING IMPLEMENTATION.

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(a) By January 1, 2028, the board must establish the Certified Child Life Specialist

Advisory Council according to section 148H.14.

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(b) By July 1, 2028, the board must approve initial licensees as specified in section

148H.09, subdivision 2.

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(c) By July 1, 2029, the board must begin accepting applications for certified child life

specialist licensure from all applicants and granting licenses under this chapter.

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Sec. 5.

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[148H.03] REQUIREMENTS FOR LICENSURE.

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Subdivision 1.

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General.

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(a) Effective July 1, 2029, an individual seeking licensure as a

certified child life specialist must submit a completed application on forms provided by the

board and all fees required under section 148H.13. The application must include:

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(1) the applicant's name;

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(2) the applicant's business address, if applicable;

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(3) the applicant's business telephone number, if applicable;

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(4) the applicant's home address;

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(5) the applicant's home telephone number;

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(6) a description of the applicant's education, training, and professional experience,

including employment or internship history for the five years immediately preceding the

application date;

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(7) a signed statement that the information in the application is true and correct to the

best of the applicant's knowledge and belief;

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(8) a signed waiver authorizing the board to obtain access to the applicant's records in

Minnesota or any other state in which the applicant has worked as a certified child life

specialist; and

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(9) consent to a fingerprint-based criminal history records check pursuant to section

214.075.

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(b) The board may request additional information from an applicant to clarify information

submitted in the application.

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Subd. 2.

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Requirements for licensure.

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An applicant for licensure as a certified child life

specialist under this section must submit to the board evidence and documentation satisfactory

to the board that the applicant:

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(1) holds current and valid certification as a child life specialist from the Child Life

Certification Commission;

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(2) has obtained a bachelor's or master's degree in child life or a related field;

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(3) has completed a clinical internship determined to be eligible for certification by the

Association of Child Life Professionals and the Child Life Certification Commission;

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(4) has passed the child life professional certification examination; and

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(5) has completed one of the following:

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(i) at least 6,000 hours of paid postdegree professional experience as a certified child

life specialist, followed by 50 hours of supervised practice under a licensed certified child

life specialist, at least 25 hours of which must be provided through direct supervision; or

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(ii) at least 4,000 hours but fewer than 6,000 hours of paid postdegree professional

practice, followed by 100 hours of supervised practice by a licensed certified child life

specialist, at least 50 hours of which must be provided through direct supervision.

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Subd. 3.

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Criminal background check.

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An applicant under this section must complete

a background check pursuant to section 214.075 and pay the required fees.

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Sec. 6.

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[148H.04] LICENSURE BY RECIPROCITY AND ENDORSEMENT.

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Subdivision 1.

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Licensure by reciprocity.

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(a) An applicant who applies for licensure as

a certified child life specialist by reciprocity must meet the requirements of paragraphs (b)

and (c).

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(b) An applicant applying for licensure by reciprocity must provide evidence to the board

that the applicant holds a current and unrestricted license for the practice of certified child

life specialist services in another jurisdiction that has requirements equivalent to or higher

than those in effect for determining whether an applicant in Minnesota is qualified to be

licensed as a certified child life specialist. An applicant who provides sufficient evidence

under this paragraph is exempt from meeting the requirements of section 148H.03,

subdivision 2, provided that the applicant otherwise meets all other requirements of section

148H.03.

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(c) An applicant for licensure by reciprocity must have maintained the appropriate and

unrestricted credentials in each jurisdiction during the last five years as demonstrated by

submitting letters of verification to the board. Each letter must include the applicant's name,

date of birth, and credential number; the date of credential issuance; a statement regarding

disciplinary actions, if any, taken against the applicant; and the terms under which the

credential was issued.

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Subd. 2.

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Licensure by endorsement.

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The board may develop procedures for licensure

by endorsement for applicants from jurisdictions that do not offer a credential substantially

similar to the licensed certified child life specialist credential in Minnesota but in which the

applicant has demonstrated competence through experience, continuing education, or other

means.

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Sec. 7.

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[148H.05] LICENSE RENEWAL REQUIREMENTS.

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Subdivision 1.

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Biennial renewal.

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A license under this chapter must be renewed every

two years.

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Subd. 2.

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License renewal notice.

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At least 60 calendar days before a licensee's renewal

deadline date, the board must mail a renewal notice to the licensee's last known address on

file with the board. The notice must include instructions for accessing an online application

for license renewal, the renewal deadline, and notice of fees required for renewal. The

licensee's failure to receive notice does not relieve the licensee of the obligation to meet the

renewal deadline and other requirements for license renewal.

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Subd. 3.

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Renewal requirements.

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(a) To renew a license, a licensee must submit to the

board:

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(1) a completed and signed application for license renewal, including proof of completion

of continuing education requirements under section 148H.11;

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(2) the license renewal fee required under section 148H.13; and

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(3) evidence satisfactory to the board that the licensee holds current and valid certification

as a child life specialist from the Child Life Certification Commission or otherwise meets

renewal requirements as established by the board.

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(b) The application for license renewal and fee must be postmarked or received by the

board by the end of the day on which the license expires or the following business day if

the expiration date falls on a Saturday, Sunday, or holiday. A renewal application that is

not completed and signed, or that is not accompanied by the correct fee, is void and must

be returned to the licensee.

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Subd. 4.

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Pending renewal.

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If a licensee's application for license renewal is postmarked

or received by the board by the end of the business day on the expiration date of the license

or the following business day if the expiration date falls on a Saturday, Sunday, or holiday,

the licensee may continue to practice after the expiration date while the application for

license renewal is pending with the board.

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Subd. 5.

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Late fee.

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If the application for license renewal is postmarked or received after

the expiration date of the license or the following business day if the expiration date falls

on a Saturday, Sunday, or holiday, the licensee must pay a renewal late fee as specified by

section 148H.13, in addition to the renewal fee, before the board considers the licensee's

application for license renewal.

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Sec. 8.

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[148H.06] LICENSE EXPIRATION.

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(a) Within 30 days after the renewal date, the board must notify a licensee who has not

renewed their license by letter, sent to the last known address of the licensee in the board's

file, that the renewal is overdue and that failure to pay the current fee and current biennial

renewal late fee within 60 days after the renewal date will result in termination of the license.

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(b) The board must terminate the license of a licensee whose license renewal is at least

60 days overdue and to whom notification has been sent as provided in paragraph (a). Failure

of a licensee to receive notification is not grounds for later challenge of the termination.

The board must notify the former licensee of the termination by letter within seven days

after board action, in the same manner as provided in paragraph (a).

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(c) Notwithstanding paragraph (b), the board retains jurisdiction over a former licensee

for complaints received after termination of a license regarding conduct that occurred during

licensure.

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Sec. 9.

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[148H.07] EXCEPTION TO LICENSURE REQUIREMENT.

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Licensure under this chapter is not required for a certified child life specialist to engage

in certified child life specialist practice in Minnesota if the certified child life specialist

practices exclusively under the supervision of a licensed certified child life specialist or

within a professional setting that provides appropriate oversight and supervision.

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Sec. 10.

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[148H.08] PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.

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Subdivision 1.

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Practice.

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(a) Effective July 1, 2029, except as provided under section

148H.09, subdivision 2, an individual must not engage in unsupervised certified child life

specialist practice in Minnesota unless the individual is licensed under this chapter.

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(b) An individual licensed under this chapter must practice according to the standards

of clinical practice as outlined by the Child Life Certification Commission, including the

commission's code of ethics and competencies and standards.

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Subd. 2.

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Use of titles.

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(a) An individual must not use a title incorporating the words

"licensed certified child life specialist" or "L-CCLS" or use any other title or description

stating or implying that the individual is licensed to engage in unsupervised certified child

life specialist practice in Minnesota, unless that individual holds a valid license under this

chapter.

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(b) Nothing in this section prohibits the use of the title "certified child life specialist" or

"CCLS" by an individual who has been certified by the Child Life Certification Commission

but who is not licensed under this chapter provided that the individual does not represent

that they are licensed under this chapter.

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Subd. 3.

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Penalty.

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(a) An individual who violates this section before being licensed but

after applying for a license under this chapter must pay a penalty fee in the amount of the

application fee under section 148H.13 for any part of the first month of unauthorized practice,

plus the application fee for any part of any subsequent month of unauthorized practice, up

to 36 months.

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(b) An individual who violates this section after the individual's license has expired and

before it is renewed must pay a penalty fee in the amount of the license renewal fee under

section 148H.13 for any part of the first month of unauthorized practice, plus the license

renewal fee for any part of any subsequent month of unauthorized practice, up to 36 months.

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(c) An individual who violates this section and to whom paragraphs (a) and (b) do not

apply is guilty of a misdemeanor. An individual engaging in unauthorized practice under

paragraphs (a) and (b) for more than 36 months is guilty of a misdemeanor.

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Sec. 11.

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[148H.09] SUPERVISION; INITIAL LICENSURE.

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Subdivision 1.

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Supervisor requirements.

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To be approved by the board as a supervisor

for purposes of supervised practice under this chapter, an individual must:

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(1) hold a current license under this chapter;

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(2) have at least four years and 4,000 hours of professional postdegree practice experience

as a certified child life specialist; and

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(3) provide evidence satisfactory to the board of training in supervision through:

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(i) completion of a board-approved supervisor training course of 30 hours or equivalent

to three semester hours from a regionally accredited educational institution; or

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(ii) completion of 30 hours of coursework in a board-approved supervision education

program.

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Subd. 2.

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Initial licensees and supervision; facilitation.

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(a) Effective July 1, 2028, an

individual may apply for initial licensure if the individual:

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(1) is a certified child life specialist and holds a current and valid license in Minnesota

to practice psychology, social work, marriage and family therapy, professional counseling,

or professional clinical counseling; or

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(2) is a certified child life specialist with at least 6,000 hours of paid professional

experience and has completed board-approved supervisor training as described in subdivision

1, clause (3).

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(b) All initial licensees must agree to facilitate supervision for certified child life

specialists and to teach supervision training classes to prepare board-approved supervisors

in the first year of licensure.

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(c) By January 1, 2028, the board shall:

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(1) develop an application process for initial licensees;

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(2) publicize the opportunity to become an initial licensee through the board's website,

relevant professional organizations, and direct communication to certified child life specialists

in Minnesota; and

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(3) select initial licensees based on qualifications, geographic distribution, and

commitment to developing the child life specialist profession in Minnesota.

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(d) After completing required training under subdivision 1, clause (3), an initial

board-approved supervisor under paragraph (a) may apply for licensure and the board may

grant the supervisor a license under this chapter.

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(e) Once licensed under this chapter, a board-approved supervisor may begin supervising

certified child life specialists. A board-approved supervisor must not supervise more than

two certified child life specialists at a time.

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(f) Paragraphs (a) to (d) expire July 1, 2029.

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Sec. 12.

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[148H.11] CONTINUING EDUCATION.

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(a) A licensee must complete 30 hours of continuing education every two years, including

at least three hours in ethics. At the time of license renewal, a licensee must provide evidence

satisfactory to the board that the licensee completed the continuing education hours during

the previous renewal term as required under section 148H.05.

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(b) Continuing education hours completed under this section must provide education on

competency domains as specified by the Child Life Certification Commission.

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Sec. 13.

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[148H.12] DISCIPLINARY ACTIONS.

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Subdivision 1.

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Grounds listed.

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The board may impose disciplinary action as described

in subdivision 2 against an applicant or licensee whom the board, by a preponderance of

the evidence, determines has:

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(1) intentionally submitted false or misleading information to the board;

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(2) failed to provide information in response to a written request by the board within 30

days;

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(3) engaged in certified child life specialist practice or provided services in an incompetent

or negligent manner;

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(4) failed to comply with any other provision in this chapter;

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(5) failed to perform services with reasonable judgment, skill, or safety due to the

individual's use of alcohol or drugs, or other physical or mental impairment;

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(6) violated any state or federal law, rule, or regulation, and the violation is a felony or

misdemeanor, an essential element of which is dishonesty, or which relates directly or

indirectly to the practice of certified child life services. Conviction for violating any state

or federal law that relates to certified child life services constitutes a violation, except as

provided in chapter 364;

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(7) knowingly aided or abetted another person in violating any provision of this chapter;

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(8) been disciplined or is in the process of being disciplined by another jurisdiction, if

the grounds for the disciplinary action in another jurisdiction are the same or substantially

equivalent to those under this chapter;

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(9) failed to cooperate with an investigation of the board as required under subdivision

3;

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(10) advertised in a false or misleading manner;

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(11) engaged in conduct likely to deceive, defraud, or harm the public, or demonstrated

a willful or careless disregard for the health, welfare, or safety of a client;

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(12) failed to disclose to a client any fee splitting or any promise to pay a portion of a

fee to any other professional other than a fee for services rendered by the other professional

to the client;

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(13) engaged in abusive or fraudulent billing practices, including violations of federal

Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical

assistance laws;

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(14) obtained money, property, or services from a client through the use of undue

influence, high-pressure sales tactics, harassment, duress, deception, or fraud;

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(15) performed services for a client who would not benefit from the services; or

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(16) failed to refer a client for medical evaluation or to other health care professionals

when appropriate or when a client indicated symptoms associated with conditions that could

be medically or surgically treated.

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Subd. 2.

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Disciplinary actions.

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When the board determines an applicant or a licensee

has violated a provision of subdivision 1, the board may:

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(1) deny an application;

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(2) refuse to renew a license;

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(3) revoke a license;

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(4) indefinitely or temporarily suspend a license;

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(5) impose limitations or conditions on the licensee's certified child life specialist practice,

including but not limited to limiting the licensee's scope of practice to designated areas,

imposing retraining or rehabilitation requirements, requiring the licensee to practice under

supervision, or conditioning the licensee's continued practice on demonstration of knowledge

or skills by appropriate examination, monitoring, or other review of skill and competence;

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(6) censure or reprimand the licensee;

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(7) impose a civil penalty not exceeding $7,500 for each separate violation, the amount

of the civil penalty to be fixed so as to deprive the applicant or licensee of any economic

advantage gained by reason of the violation charged, to discourage repeated violations, or

to recover the cost of the investigation and proceeding, including but not limited to attorney

fees; or

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(8) take any other action justified by facts of the case.

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Subd. 3.

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Cooperation of applicants or licensees with investigations.

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An applicant or

licensee of the board who is the subject of an investigation or who is questioned in connection

with an investigation by or on behalf of the board shall cooperate fully with the investigation.

Cooperation includes responding fully and promptly to any question raised by or on behalf

of the board relating to the subject of the investigation; executing all releases requested by

the board; providing copies of client records, as reasonably requested by the board to assist

in the board's investigation; and appearing at conferences or hearings scheduled by the board

or board staff.

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Sec. 14.

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[148H.13] FEES.

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Subdivision 1.

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Fees.

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All applicants and licensees must pay fees as follows:

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(1) application fee, $.......;

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(2) initial license fee, $.......;

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(3) license renewal fee, $.......;

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(4) license renewal late fee, $.......; and

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(5) licensure by reciprocity or endorsement fee, $........

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Subd. 2.

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Nonrefundable fees.

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All fees in this section are nonrefundable.

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Subd. 3.

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Deposit of fees.

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Fees collected by the board under this section must be deposited

in the state government special revenue fund.

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Sec. 15.

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[148H.14] CERTIFIED CHILD LIFE SPECIALIST ADVISORY COUNCIL.

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Subdivision 1.

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Membership.

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The Certified Child Life Specialist Advisory Council is

created and composed of five members appointed by the board. The advisory council consists

of:

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(1) one public member as defined in section 214.02;

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(2) three members who are:

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(i) effective July 1, 2027, certified child life specialists and who have the required

qualifications to be initial licensees under section 148H.09; or

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(ii) effective July 1, 2029, licensed certified child specialists under this chapter; and

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(3) one member who meets the requirements to be a supervisor under section 148H.09,

subdivision 1.

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Subd. 2.

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Administration.

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The advisory council is established and administered under

section 15.059, except that the advisory council does not expire.

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Subd. 3.

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Duties.

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The advisory council must:

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(1) advise the board regarding standards for licensed certified child life specialists;

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(2) assist with the distribution of information regarding licensed certified child life

standards;

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(3) advise the board on enforcement of this chapter;

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(4) review license applications and license renewal applications and make

recommendations to the board;

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(5) review complaints and complaint investigation reports and make recommendations

to the board on whether disciplinary action should be taken and, if applicable, what type;

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(6) advise the board regarding certified child life specialist practice protocols; and

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(7) perform other duties authorized for advisory councils under chapter 214 as directed

by the board to ensure effective oversight of licensed certified child life specialists.

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