Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Qualifications for all
employees working directly with clients.
All persons working directly with clients must meet the
following requirements:
A. meet the
rule requirements of the applicable residential or correctional facility
license or accreditation, if any;
B. be at least 21 years of age; and
C. have a criminal records check before
employment at the program.
Subp.
2.
Criminal convictions.
An applicant or certificate holder may choose to hire or retain
an employee or prospective employee to work directly with a client who has a
criminal conviction. The applicant or certificate holder must notify the
commissioner of this fact and provide relevant information about the decision.
The commissioner will review the conviction under the criteria in Minnesota
Statutes, section
364.03,
to determine if certification should be denied or a variance required. For
purposes of this part, a conviction shall be deemed to be directly related to
the work if it was for any of the offenses defined as criminal sexual behavior
under part
2965.0010, subpart 12, or for a
crime of violence under Minnesota Statutes, section
624.712, subdivision
5.
Subp. 3.
Qualifications for administrative director.
In addition to the requirements in subpart
1, an administrative director
must meet the criteria in items A to C.
A. An administrative director must hold a
postgraduate degree in the behavioral sciences or a field relevant to
administering a sex offender program from an accredited college or university,
with at least two years of work experience providing services in a correctional
or human services program. Alternately, an administrative director must hold a
bachelor's degree in the behavioral sciences or field relevant to administering
a sex offender program from an accredited college or university, with a minimum
of four years of work experience in providing services in a correctional or
human services program.
B. An
administrative director must have 2,000 hours of experience in the
administration or supervision of a correctional or human services
program.
C. An administrative
director must have 40 hours of training in topics relating to sex offender
treatment and management and human sexuality.
Subp. 4.
Qualifications for clinical
supervisor.
In addition to the requirements in subpart
1, a clinical supervisor must
meet the criteria in items A to C.
A.
A clinical supervisor must be licensed as a psychologist under Minnesota
Statutes, section
148.907; an
independent clinical social worker under Minnesota Statutes, section 148B.21; a
marriage and family therapist under Minnesota Statutes, sections
148B.29 to
148B.39;
a physician under Minnesota Statutes, section
147.02,
and certified by the American Board of Psychiatry and Neurology or eligible for
board certification in psychiatry; or a registered nurse under Minnesota
Statutes, sections
148.171 to
148.285, and
certified as a clinical specialist in adult psychiatric and mental health
nursing by the American Nurses Association.
B. A clinical supervisor must have experience
and proficiency in the following areas:
(1)
at least 4,000 hours of full-time supervised experience in the provision of
individual and group psychotherapy to individuals in at least one of the
following settings: corrections, chemical dependency, mental health,
developmental disabilities, social work, or victim services;
(2) 2,000 hours of supervised experience in
the provision of direct therapy services to sex offenders;
(3) sex offender assessment; and
(4) case management, including treatment
planning, general knowledge of social services and appropriate referrals, and
record keeping, mandatory reporting requirements, and confidentiality rules and
regulations that apply to adult sex offender clients.
C. A clinical supervisor must have training
in the following areas or subjects:
(1) 30
hours in child, adolescent, or adult development;
(2) 12 hours in clinical
supervision;
(3) 16 hours in the
treatment of cognitive distortions, thinking errors, and criminal
thinking;
(4) 16 hours in
behavioral therapies for sex offenders;
(5) 16 hours in relapse prevention;
(6) 16 hours in human sexuality;
(7) 16 hours in family systems;
(8) 12 hours in crisis
intervention;
(9) 12 hours in the
policies and procedures of the Minnesota criminal justice system; and
(10) 12 hours in substance abuse treatment.
Persons who do not have the training required in this part
shall have one year from their date of hire to complete the training.
Subp. 5.
Qualifications for sex offender therapist.
In addition to the requirements in subpart
1, a sex offender therapist
must meet the criteria in items A to C.
A. A sex offender therapist must be licensed
as a psychologist under Minnesota Statutes, section
148.907; a
psychological practitioner under Minnesota Statutes, section
148.908; an independent
clinical social worker under Minnesota Statutes, section 148B.21; a marriage
and family therapist under Minnesota Statutes, sections
148B.29 to
148B.39;
a physician under Minnesota Statutes, section
147.02,
and certified by the American Board of Psychiatry and Neurology or eligible for
board certification in psychiatry; or a registered nurse under Minnesota
Statutes, sections
148.171 to
148.285, and
certified as a clinical specialist in adult psychiatric and mental health
nursing by the American Nurses Association.
B. A sex offender therapist must have
experience and proficiency in the following areas:
(1) 2,000 hours of supervised experience in
the provision of individual and group psychotherapy to individuals in one of
the following settings: corrections, chemical dependency, mental health,
developmental disabilities, social work, or victim services;
(2) 2,000 hours of supervised experience in
the provision of direct therapy services to sex offenders;
(3) sex offender assessment; and
(4) case management, including treatment
planning, general knowledge of social services and appropriate referrals, and
record keeping, mandatory reporting requirements, and confidentiality rules and
regulations that apply to adult sex offender clients.
C. A sex offender therapist must have
training in the following areas or subjects:
(1) 30 hours in child, adolescent, or adult
development;
(2) 16 hours in the
treatment of cognitive distortions, thinking errors, and criminal
thinking;
(3) 16 hours in
behavioral therapies for sex offenders;
(4) 16 hours in relapse prevention;
(5) 16 hours in human sexuality;
(6) 16 hours in family systems;
(7) 12 hours in crisis
intervention;
(8) 12 hours in the
policies and procedures of the Minnesota criminal justice system; and
(9) 12 hours in substance abuse treatment.
Persons who do not have the training required in this part
shall have one year from their date of hire to complete the training.
Subp. 6.
Qualifications for sex offender counselor.
In addition to the requirements in subpart
1, a sex offender counselor
must meet the criteria in items A to C.
A. A sex offender counselor must hold a
postgraduate degree or bachelor's degree in one of the behavioral sciences or
related fields from an accredited college or university.
B. A sex offender counselor holding a
bachelor's degree must have experience and proficiency in one of the following
areas:
(1) 1,000 hours of experience in the
provision of direct counseling and case management services to clients in one
of the following settings: corrections, chemical dependency, mental health,
developmental disabilities, social work, or victim services;
(2) 500 hours of experience in the provision
of direct counseling or case management services to sex offenders or other
involuntary clients; or
(3) 2,000
hours of experience in a secured correctional or community corrections
environment.
C. A sex
offender counselor holding either degree must have training in the following
areas or subjects:
(1) 30 hours in child,
adolescent, or adult development;
(2) 12 hours in the treatment of cognitive
distortions, thinking errors, and criminal thinking;
(3) eight hours in behavioral therapies for
sex offenders;
(4) eight hours in
relapse prevention;
(5) eight hours
in human sexuality;
(6) eight hours
in family systems;
(7) four hours
in crisis intervention;
(8) four
hours in the policies and procedures of the Minnesota criminal justice system;
and
(9) four hours in substance
abuse.
Persons who do not have the training required in this part
shall have one year from their date of hire to complete the training.
Subp. 7.
Qualifications for examiners conducting psychophysiological assessments
of deception.
The examiner conducting psychophysiological assessments of
deception must:
A. be a full or
associate member in good standing of the American Polygraph Association;
and
B. have 40 hours of training in
the clinical use of this procedure in the assessment, treatment, and
supervision of sex offenders.
Subp.
8.
Qualifications for examiners conducting
psychophysiological assessments of sexual response.
A. The clinical level examiner conducting
psychophysiological assessments of sexual response must:
(1) be a doctor of medicine licensed under
Minnesota Statutes, section
147.02, a
psychologist licensed under Minnesota Statutes, section
148.907, or
a social worker licensed under Minnesota Statutes, section 148B.21;
(2) have 40 hours of training in the clinical
use of this procedure in the assessment and treatment of sex offenders;
and
(3) have conducted five
assessments under the direct supervision of a clinical level examiner who was
present through the entire procedure.
Persons who meet the qualifications in subitem (1) and have
been conducting psychophysiological assessments of sexual response for three
years or more on April 26, 1999, are exempt from the qualifications specified
in subitems (2) and (3).
B. The technical level examiner conducting
psychophysiological assessments of sexual response must:
(1) be under the direct supervision of a
clinical level examiner;
(2) have
eight hours of training in the clinical use of this procedure in the
assessment, treatment, and supervision of sex offenders; and
(3) have conducted five assessments under the
direct supervision of a clinical level examiner who was present through the
entire procedure.
Subp.
9.
Documentation of qualifications.
A. The department shall accept the following
as adequate documentation that the staff described in subparts
3 to
8 have the required
qualifications:
(1) copies of required
professional licenses and other relevant certificates and memberships;
and
(2) copies of official
transcripts, attendance certificates, syllabi, or other credible evidence
documenting successful completion of required training.
B. All qualification documentation must be
maintained by the facility in the employee's personnel file or other
appropriate personnel record.
Subp.
10.
Existing staff exempt from qualifications for current
position.
Administrative directors and sex offender treatment staff who
have been in their positions for six months or more on April 26, 1999, are
exempt from the qualifications specified for their position in this part, but
must meet the qualifications required under subpart
1 or for other positions
defined in this part.
Statutory Authority: MS s
241.67
