Mamft 5300 Rules 5300.0330-

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The board may place a licensee on probation under the following circumstances:

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a. in lieu of, or in addition to, any order of the board suspending, revoking, or otherwise acting against the license of any licensee.
b. as a condition of restoring any license suspended, revoked, or otherwise acted against by the board.

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Suspended or revoked license; return to the board

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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 Statues.

Front 3

Restoring a license

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The board shall restore a license according to Minnesota Statutes, xxx
A licensee whose license has been revoked or suspended and subsequently restored by the board must comply with the requirements for reinstatement in part 5300.0300 and must pay the penalty fee in part 5300.0360, item J.

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Variance; when allowed

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A licensee or applicant may petition the board in writing for a variance from rules in parts 5300.0100 to 5300.0360, except for a rule which 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:

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A variance shall be granted if the board determines that the license 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:

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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.

Front 6

Petition; requirements
A petition for a variance must contain the following information:

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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
d. the length of time for which a variance is requested.

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Variance: alternatives must be followed

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Any licensee or applicant who is granted a variance must comply with the alternative practices or measures specified in the petition for the variance.

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Variance renewal; notice of change; revocation

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If required by the board, a variance shall be renewed upon petition for a renewal of the variance at the time specified by the board when granting the variance if the circumstances justifying the variance continue to exist, their existence is not due to failure to comply with the correction of these conditions, and if all of the requirements of subparts 1,2, and 3 are met. 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 which justified the granting of the variance.

Front 9

Variance; burden of proof

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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.

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Notice of variance; denial; revocation

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The board shall notify the licensee or applicant in writing when the board grants, denies, revews, 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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Code of Ethics: Scope

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The code of ethics applies to all licensees and applicants who practice MFT and applies to their conduct during the period of education and training required for licensure.

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Code of Ethics: Purpose

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The code of ethics constitutes the standards against which the professional conduct of an MFT is measured.

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Code of Ethics: Violations

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A violation of the code of ethics is unprofessional or unethical conduct and is a sufficient reason for disciplinary action or denial of licensure.

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Code of Ethics: Integrity

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An MFT must act in accordance with the highest standards of professional integrity and competence. An MFT must be honest in dealing with clients, students, trainees, colleagues, and the public.

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A therapist must not perform, nor pretend to be able to perform...

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professional services beyond the therapist's field or fields of competence.

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A therapist must not permit a trainee or intern under the therapist's supervision...

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to perform, nor pretend to perform, professional services beyond the trainee's or intern's level of training.

Front 17

A therapist must recognize the potentially influential position the therapist may have with respect to students, interns, employees, and supervisees, and must avoid ...

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A therapist must recognize the potentially influential position the therapist may have with respect to students, interns, employees, and supervisees, and must avoid exploiting the trust and dependency of these persons. A therapist must make every effort to avoid dual relationships that could impair the therapist's professional judgment or increase the risk of exploitation. Sexual contact between the therapist and students, employees, independent contractors, colleagues, or supervisees is prohibited for two years after the date that the relationship is terminated, whether or not the party is informed that the relationship is terminated.

Front 18

Sexual contact after two years with a former student, intern, employee, or supervisee is prohibited:

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1. if the former student, intern, employee, or supervisee was emotionally dependent upon the therapist.
2. if the sexual contact occurred by means of therapeutic deception.

Front 19

A therapist must not engage in sexual contact or other harassment, therapeutic deception, or exploitation of

Back 19

A therapist must not engage in sexual contact or other harassment, therapeutic deception or exploitation of students, trainees, interns, employees, independent contractors, colleagues, research subjects, or actual or potential witnesses or complainants in ethical proceedings.

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therapist-exploitation

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A therapist must not use or exploit the professional relationship with a student, trainee, intern, employee, independent contractor, colleague, research subject, or actual or potential witness or complainant in ethical proceedings in any manner for the therapist's emotional, financial, sexual, religious, political, or personal advantage or benefit.

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therapists and other professional, technical, and administrative resources

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A therapist must recognize that there are other professional, technical and administrative resources available to clients. The therapist must make referrals to those resources when it is in the best interest of clients to be provided with alternative or complementary services. The therapist must make a reasonably prompt referral when requested to do so by the client, without consideration of limitation of third-party payors.

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therapist and referrals

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A therapist must not offer, nor accept, payment for referrals.

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therapist- client already in treatment with another therapist

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A therapist must not knowingly offer services to a client who is in treatment with another professional without consultation among the parties involved. If a client refuses to allow consultation, the therapist should delay the administration of service until the client gives consent to consultation. The exception to the consultation requirement would be if the client reports ethical violations by the other professional.

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therapist- related professions

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A therapist must understand the areas of competence of related professions and act with due regard for the need, special competencies and obligations of their colleagues in other allied professions, and must not disparage the qualifications of any colleague.

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A therapist must seek appropriate professional assistance...

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for the therapist's own personal problems or conflicts that are likely to impair the therapist's work performance and clinical judgment.

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A therapist must not practice under the influence...

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of alcohol or any controlled substance not prescribed by a physician.

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A therapist must not allow an individual or agency...

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that is paying for the professional services of a client to exert undue influence over the therapist's evaluation or treatment of the client.

Front 28

A therapist must file a complaint with the board when the therapist has reason to believe...

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that another therapist is or has been engaged in conduct which violates this part according to MN states, seciton 148B.07 subdivision 4.
(another licensee engaging in any conduct that would constitute grounds for disciplinary action, or is medically or physically unable to engage safely in the provision of services.)

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therapist- defrauding

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A therapist must not engage in any conduct likely to deceive or defraud the public or the board.

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therapist- false advertising

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A therapist must not advertise in a way that is false, fraudulent, or misleading to the public.

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therapist- academic degrees

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A therapist shall use only academic degrees from regionally accredited institutions that are related to the practice of MFT in any situation or circumstance related to the practice of MFT. Those therapists holding current Minnesota mental health professional licenses issued by other Minnesota licensing boards may also use degrees and titles directly related to these licenses as permitted by the other boards when the other licensure is cited with the marriage and family licensure.

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A therapist must correct, whenever possible...

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false, misleading, or inaccurate information and representations made by others concerning the therapist's qualifications, services, or products.

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therapists employing students, independent contractors or interns

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A therapist must make certain that the qualifications of a person in a therapist's employ who is a student, independent contractor, or an intern is represented in a manner that is not false, misleading, or deceptive.

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A therapist must not engage in any unprofessional conduct.

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Unprofessional conduct is any conduct violating this part or violating those standards of professional behavior that have become established by consensus of the expert opinion of marriage and family therapists as reasonably necessary for the protection of the public interest.

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An MFT's primary professional responsibility is to the client.

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An MFT must make every reasonable effort to advance the welfare and best interests of families and individuals. An MFT must respect the rights of those persons seeking assistance and make reasonable efforts to ensure that the therapist's services are used appropriately. An MFT is bound by these ethics primarily. These ethics supersede any policies of an employer or contractor that may be contrary to the ethics in this part.

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Once a client has been accepted into therapy...

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a therapist must not discriminate on the basis of age, sex, race, national origin, religion, physical disability, political affiliation, or social or economic status. In addition, a therapist must not discriminate on the basis of affectional preference, or choice of lifestyle. When unable to offer services for any reason, a therapist shall make an appropriate referral.

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therapist- influential position with clients

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A therapist must recognize the potentially influential position the therapist may have with respect to clients, and must avoid exploiting the trust and dependency of clients. A therapist must make every effort to avoid dual relationships with clients that could impair the therapist's professional judgment or increase the risk of exploitation.

Front 38

therapist- services rendered

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A therapist must be careful to truthfully represent to clients facts regarding services rendered.

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therapist- financial matters with clients

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A therapist must recognize the importance of clear understandings on financial matters with clients. Arrangements for fees and payments must be made at the beginning of the therapeutic relationship.

Front 40

therapist- sex with clients

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A therapist must not engage in sexual contact or other physical intimacies with a client. Sexual contact with a former client is prohibited for two years after termination of services whether informed or not that the relationship is terminated.

Front 41

Sexual contact after two years with a former client is prohibited:

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1. if the former client was emotionally dependent upon the therapist; or
2. if the sexual contact occurred by means of therapeutic deception.

Front 42

therapist- harassment of client

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A therapist must not engage in sexual or other harassment of a client, nor in any verbal or physical behavior that is sexually seductive or sexually demeaning to the client.

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therapist- exploiting client

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A therapist must not use or exploit the professional relationship with a client in any manner for the therapist's emotional, financial, sexual, religious, political, or personal advantage or benefit.

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therapist- confidence of a client

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A therapist must not use any confidence of a client to the client's disadvantage.

Front 45

treatment no longer helping client

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A therapist must terminate a client relationship when it is reasonably clear that the treatment no longer serves the client's needs or interests.

Front 46

therapist objectivity or effectiveness impaired

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A therapist must not provide services to a client when the therapist's objectivity or effectiveness is impaired. Whenever a therapist's objectivity or effectiveness becomes impaired during a professional relationship with a client, the therapist must notify the client orally and in writing that the therapist can no longer see the client professionally and must assist the client in obtaining services from another professional.

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therapist- client- making decisions

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A therapist must respect the right of a client to make decisions and must help the client understand the consequences of the decisions. A therapist must advise a client that a decision on marital status is the responsibility of the client.

Front 48

therapist-client-divergence of interests

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A therapist must inform a client of a divergence of interests, values, attitudes, or biases between a client and the therapist that is sufficient to impair their professional relationship. Either the client or the therapist may terminate the relationship.

Front 49

reporting of abuse of children or vulnerable adults

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In the course of professional practice, a therapist must not violate any law concerning the reporting of abuse of children or vulnerable adults.

Front 50

A therapist must display prominently on the premises of the therapist's professional practice or make available as a handout the bill of rights of clients, including a statement that consumers of MFT services offer by MFTs licensed by the State of MInnesota have the right:

Back 50

1. to expect that a therapist has met the minimal qualifications of training and experience required by state law.
2. to examine public records maintained by the BMFT which contain the credentials of the therapist.
3. to obtain a copy of the code of ethics from the State Register and Public Documents Division, Dept. of the Administration...
4. to report complaints to the BMFT.
5. to be informed of the cost of professional services before receiving the services.
6. to privacy as defined by rule and law.
7. to be free from being the object of discrimination on the basis of race, religion, gender, or other unlawful category while receiving services.
8. to have access to their records as provided in MN Statutes, section 144.292
9. to be free from exploitation for the benefit or advantage of a therapist.

Front 51

if client wants to complain to the board about therapist...

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A therapist must, upon request from the client, provide information regarding the procedure for filing a complaint with the board.

Front 52

confidentiality and keeping of records

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An MFT must hold in confidence all information obtained in the course of professional services. An MFT must safeguard client confidences as permitted by law and rule.

Front 53

A therapist, and employees and professional associates of the therapist, must not disclose...

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any private information that the therapist, employee, or associate may have acquired in rendering services except as provided in MN Statues, sections 148B.11. subdivision3, and 148B.39. All other private information must be disclosed only with the informed consent of the client.

Front 54

limits of confidentiality

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A therapist must be responsible for informing clients of the limits of confidentiality.

Front 55

defining exactly who the client is

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When seeing a couple or a family, a therapist must inform the client, at the beginning of the relationship, what the therapist's procedures are for handling confidences from individual members of the family and for protecting individuals' privacy while safeguarding the integrity of the therapy process.

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when services are requested or paid for by one client for another

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Whenever MFT services are requested or paid for by one client for another, the therapist must inform both clients of the therapist's responsibility to treat any information gained in the course of rendering the services as private information

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client records

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A therapist must limit access to client records and must inform every individual associated with the agency or facility of the therapist, such as a staff member, student, or volunteer, that access to client records must be limited to only the therapist with whom the client has a professional relationship, an individual associated with the agency or facility whose duties require access, and an individual authorized to have access by the informed consent of the client.

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after professional relationship with client has ended

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A therapist must continue to maintain as private information the records of a client after the professional relationship between the therapist and the client has ceased. The therapist must store and dispose of records in ways that maintain confidentiality.

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client records-disciplinary proceeding

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A therapist must disclose to the board and its agents client records that the board and its agents consider to be germaine to a disciplinary proceeding.

Front 60

recording sessions-third party observation

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A therapist must obtain written, informed consent from each client before electronically recording sessions with that client or before permitting third-party supervisory observation of their sessions. The consent form should specify the purpose and proposed audience for the recording.

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disguising identity of client

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A therapist must disguise adequately the identity of a client when using material derived from a counseling relationship for purposes of training, research, professional meetings, or publications.

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client access to records

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A client who is the recipient of MFT therapy services has the right to access the records related to the service maintained by the licensee on that client.

Front 63

An MFT must maintain an accurate record for each client. Each record must minimally contain:

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1. a client personal data record which shall include the presenting problem.
2. a treatment plan with a diagnosis and justification for it and treatment goals.
3. an accurate chronological listing of all client contacts and a summary of each.
4. records of any consultation or supervision received in relation to the client.
5. a termination statement indicating the date and reason for termination, the client's condition at the time, and any recommendations made to the client.
6. copies of all client authorization for release of information and any other legal forms pertaining to the client.
7. a chronological listing of all fees or charges for services related to the client and to whom the fees were charged. This record may be kept separate from the client's clinical file.

Front 64

MFT Research

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An MFT must conduct research activities with full respect for the rights and dignity of participants and with full concern for their welfare according to the requirements of the "Ethical Principles of Psychologists, General Principe 9: Research with Human Participants," APA, as amended June 2, 1989. These requirements are incorporated by reference and are not subject to frequent change.